1. - Appellant assails his conviction recorded for violation of Section 8 punishable under Section 21, NDPS Act (hereinafter called as the Act') and awarded sentence of 12 years' rigorous imprisonment with fine Rs. 1,20,000/- (Rupees one lac twenty thousand only), in default of payment, one year's rigorous imprisonment.

2. Heard arguments of the learned counsel for the appellant and also learned Public Prosecutor.

3. Prosecution case as unfolded in trial and per prepared memo somewhat like this that on 19.11.2004 at 7 O'clock in morning, SHO, Police Station, Kotwali, Sri Ganganagar PW 8, making rojnamcha entry Ex.P26 and along with constable PW 6 Sarabjeet Singh, Baljeet Singh PW 7 and driver was on patrol who when was around Nehru Garden, at 8 O'clock, received some secret information which written by him as Ex.P22 to the effect that Yogesh Mehta, indulging in dealing of smack possesses and instantly at his can be found house good quantity of smack. Inspector PW 8, preparing other memo Ex.P21, forwarded copy of Ex.P22 to the Superintendent of Police, with constable PW 7 who as the S.P. was not at his residence, so delivered i1 to the Additional S.P., obtaining receipt on Ex.P21. PW 7 returned at about 9 O'clock, meanwhile, called and asked PW 4 and Sandeep PW 5 of his intention to retain them as an independent witnesses and seeking their consent vide memos Exs.P9 and 17. All proceeded for and arrived at about 9.15 for search at house No.79, Mukherjee Nagar Per prosecution, appellant found there at his home who looking them becoming restless quickly opened mid button of his shirt and put in abdominal area a small packet. Observing so and intending to search accused, Inspector PW 8 at 9.25 asked and informed accused through memo Ex.P10 of his (PW 8) intention to search him (accused) and house and if (accused) so desires, his search can be before a magistrate or a gazetted officer and as accused expressed his willingness of search by inspector PW 8, so PW 8 effecting search of both motbirs before appellant and then searched person of appellant and per prosecution, found was a brown polythene bag in side his shirt in abdominal area which contained powder like substance appearing to be smack. As accused stated of no license, the same which weighed 682 gms, taken in possession of from which two samples each of 10 gms collected and sealed marking packets as "A" & "B" and remaining material, kept in same packet was sealed and packet marked as "C". Prepared memo of Seizure Ex.P12 and that memo bears signatures of motbirs PW 4 and PW 5 and also of accused, impression of seal used was affixed on recovery memo Ex.P12 and separate memo of seal impression too prepared, one of them being Ex.P20 and then seal used was sealed preparing memo Ex.P15 Informing accused of his arrest, he was arrested vide memos Exs. P13 and 14. PW 8 then reaching police station at about 12.15 making entries of all happenings and prepared memo Ex.P12 registered FIR Ex.P24, bearing No.584. Information under Section 57 of the Act Ex.P25 was forwarded to the S.P and packets along with seal impression handed over to malkhana in-charge PW 3 who making entires in register Ex.P8, safely kept in malkhana and then, on 20.11.04 making entries in register Ex.P8 handed over sample packet marked "A" to head constable PW 2 who along with letter to the S.P. Ex.P3 requesting for forwarding same to laboratory, carried packet to the office of the S.P., where head constable PW 1, comparing seal impressions on packet and with forwarding letter of S.P. to laboratory Ex.P1 returned back to PW 2 who on 22.11.04 depositing it at laboratory, Jaipur obtained receipt Ex.P6. Entries of above handing over and depositing malkhana at laboratory are made in rojnamcha. In course of investigation, PW 8, next day that is November 15th, visiting house where from recovered, prepared memo and site plan Ex.P19 and after other usual investigation charge sheet was filed.

4. Appellant charged for pos