1. - This criminal appeal under section 374 Cr.PC. by appellant Jagdish Teli arises out of the judgment and order dated 7.11 2000 passed by the Additional Sessions Judge, Kishangarh, Ajmer, thereby convicting and sentencing the appellant as under:

2. On 3.1.2000 at 9.00 PM, PW 2 Mahendra Singh submitted a written report, Ex.R 9 at Police Station Madanganj, district Ajmer, on the basis of which a case vide FIR, Ex.P.10 was registered. It was alleged in the report that on 3.1.2000 at 5.15 PM, PW 1 Shiv Narayan, ASI, Incharge, Chowki Madargate received secret information, Ex.R 1, on telephone that the appellant was in possession of narcotic drugs and that huge quantity of narcotic drugs can be recovered from his possession. The ASI, in turn, informed the Superintendent of Police Ajmer, who constituted a special team to take necessary action. The above information was also conveyed to the Circle Officer, who told that he would also be coming to the house of appellant in Mehnat Nagar. According to the report, the police party and the Circle Officer reached Mehnat Nagar at 7.20 PM. He alongwith Circle Officer and two police witnesses, namely Shiv Narayan, ASI and Baldev Ram Constable entered the house of appellant and found the appellant sitting on a double bed. The appellant disclosed his identify as Jagdish S/o Kanji Teli. Thereafter, PW 2 Mahendra Singh, Sub Inspector having informed the appellant about the secret information gave him a notice (Ex.R 7) under section 50 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as the Act) thereby informing him that he has to conduct his search and that of his house and therefore, he can consent to be searched either in the presence of a Magistrate or in the presence of a gazetted officer. The Sub Inspector further informed the appellant that Om Prakash, Circle Officer present at the spot was also a Gazetted Officer and if he wishes, he can also give his consent to be searched in the presence of Circle Officer. Thereupon, the appellant consented for his search in the presence of Deputy Superintendent of Police (Circle Officer).

3. In the course of search of the person of appellant, opium weighing 700 grams was recovered from his possession, which was kept in the pocket of his jacket. A sample of 30 grams was taken and the sample and remaining opium were sealed separately in two different packets.

4. In the course of search of the house of appellant, charas weighing 2.90 kgms. kept concealed in a plastic 'katta' lying in side the double bed of his room was recovered. A sample of 200 grams for examination by the FSL was taken. The sample and the remaining charas were sealed in separate packets.

5. As per the prosecution case, Ganja weighing 5.100 kgms was also recovered from the house of appellant. A sample of 500 grms was taken. The sample and remaining Ganja were sealed separately.

6. The samples of recovered contraband were sent to Forensic Science Laboratory for examination and receipt Ex.R 12 was obtained. The FSL report, Ex.P13 indicates that chemical examination gave positive tests for the presence of chief constituents of coagulated juice of opium poppy and on microscopic and chemical examination of the substances in remaining two sample packets, they were found to be charas and Ganja.

7. After completion of usual investigation, the police submitted a charge sheet against the appellant. The trial court, on the basis of evidence and material collected during investigation and placed before it, framed charges against the appellant. The app