1. - This appeal has been filed against the judgment dated 30.8.2003 whereby the present appellant has been convicted for the offence under Section 8/18 of the N.D.P.S. Act and has been sentenced for 10 years' rigorous imprisonment together with a fine of Rs. 1,00,000/-, in default whereof to further undergo one years' simple imprisonment.

2. The brief facts of the case are that on 3.7.2000, an information was received by the Addl. S.P. Bhilwara that Harpal Singh, present appellant, has concealed contraband opium in his house near Mahila Ashram and it is in, process of taking it out. The said information was considered to be correct and since there was emergency, reasons under Section 42 of the N.D.P.S. Act were recorded and parcha was prepared: After that Shivlal Joshi rand other police personnels went to the scene of occurrence. Since no independent motbir was available near the house, therefore, Ramprasad Upadhyay was sent to bring the independent witnesses, who brought Ashok Jain PW-13 and Laxmilal jaiswal PW-1 as independent witnesses. Thereafter, the police party, with the independent witnesses, entered into the porch of the house, door was closed and the same was kno