1. - This appeal arises out of the judgment and sentence passed on 25.2.99 by learned Special Judge, N.D.P.S., Cases, Bhilwara in Sessions Case No. 265/97, whereby the appellant Bhanwar Lal has been held guilty under Section 8 read with 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the Act') and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rupees one lac: in default to further undergo rigorous imprisonment for six months.

2. The prosecution case is that Sub-Inspector Ratan Lal, Police Station, Kotwali, Bhilwara received a secret information on 9.11.97 that a person wearing Jerkin of military colour and pent will pass from a Railway culvert near Kashipuri, Harijan Colony with opium in his possession. This information was reduced into writing and he rushed to the spot with police constables and two motbirs. It is alleged that the appellant Bhanwar Lal came on a motorcycle at about 10.00 PM. who was stopped by the raiding party. A memo under Section 50 of the Act was also served but the appellant consented to give his search to Sub-Inspector Ratan Lal, who recovered from the pockets of the Jerkin two plastic small bag conta