1. - These two appeals arise out of the judgment dated 23.9.93, passed by the Sessions Judge, Jhalawar, by which the learned Sessions Judge convicted accused-appellant for the offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo ten years' rigorous imprisonment and a fine of rs. 1,00,000/- and in default of payment of fine further to undergo three years' rigorous imprisonment.

2. The case of the prosecution is that Mr. Ram Kumar, Deputy Superintendent of Police, working as Circle Officer, on 7.3.91, received a secret information from some mukhbir that accused Mohammed Ahfaj alias I.C. S/o Mr. Nijamuddin R/o Jhalawar, is engaged in the smuggling of smack and is doing illegal business of this drug in his house. On receiving this information, he, alongwith PW 3 Vijay Singh Driver and the Police Constable PW 2 Banshi Lal, PW 4 Rameshwar, PW 5 Chaturbhuj PW 6 Kailash and PW 7 Tanwar Singh reached the house of the accused-appellant and found him sitting in the pole of the main gate of his house. At that time the accused was sitting on a chubutari. On his personal search, smack weighing 17 grams and 200 mg. was found in his