1. - This appeal has been preferred by the accused appeal from Jail against the judgment and order dated 1st December, 1999 passed the by the learned Special Judge, NDPS Cases, Bhilwara in Sessions Case No. 252/97, by which he convicted accused appellant for the offence u/s. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and sentenced him to undergo ten years' Rigorous Imprisonment and to pay a fine of Rs. one lac, in default of payment of fine, to further undergo six months RI.

2. Since nobody was representing accused appellant as this appeal has been preferred from jail, therefore, this Court vide order dated 28.3.2001 appointed Shri Vineet Jain, Advocate as Amicus Curiae to argue the case on behalf of the accused appellant and he has argued the same.

3. It arises in the following circumstances :

On 14.7.1997 at about 11.30 p.m., PW-2 Anil Paliwal made a Parchakayami Ex.P/9 in capacity as CO, Bhilwara stating inter alia that on that day at about 9.40 p.m., he received a secret information on telephone from mukhbir to the effect that one person, by caste Meena, resident of Banswara, had just alighted to Roadways B