1. - This is an appeal against the judgment of the learned Special Judge, NDPS Cases, Chittorgarh, dated 04.08.2003, whereby he has convicted the accused appellant Kailash Chandra for the offence under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred-lo as "the Act" and sentenced him to undergo ten years' R.I. and a fine of Rs. one lac and in default to further undergo one year's S.I.

2. Facts leading to this appeal are that on 30.07.2000, Durga Dutt, Dy. S.P., Chittorgarh, received a secret message that accused Kailash Chandra will sell opium to the smugglers coming from outside in between Sarthal and Bhatiyaon Ka Kheda. The information was recorded in the Rojnamcha and after taking motbirs and after sending information under Sec. 42(2) of the Act, went at the spot. At 11.25 PM, one person came walking on foot from the side of Sarthal with one gunny bag in his hand. They caught hold of him and made a search. During search, opium measuring 5.500 Kgs. was recovered. Two samples of 30 gms. each were taken and sealed. After sealing the samples and the recovered articles, the case was registered under Sec. 8/18 of the Act. The samples