1. - The instant appeal has been preferred by the appellant challenging the judgment dated 18.12.2007 passed by the learned Special Judge, N.D.P.S. Cases, Chittorgarh in Sessions Case No. 72/2004 convicting the appellant for the offence under Section 8/15 of the N.D.P.S. Act and sentencing him to 10 years R.I. and a fine of Rupees One Lakh, in default of payment of fine to further undergo one year R.I.

2. Briefly stated the facts of the case are that Ramesh Tiwari, Sub Inspector, Incharge, P.S. Kapasan allegedly received a source information on 22.6.2004 at 10.15 A.M., as per which it was reported that poppy straw had been collected in a truck No. RJ 19G-6315 from the surrounding villages of Chittorgarh and the driver was proceeding to Jodhpur from Chittorgarh via Kapasan, Nathdwara. The source informed that if Nakabandi was conducted around Kapasan, the driver could be apprehended with the contraband poppy straw and the truck. As the information was reliable, the Sub Inspector, In-charge, Police Station Kapasan noted it in the Roznamcha and forwarded a copy thereof to his superiors with constable Vikram Singh in compliance of Section 42 of the N.D.P.S. Act. Thereafter he f