Hon'ble AGARWAL, J.—The accused-appellant has preferred this appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 05.03.2005 passed by Special Judge (NDPS Cases) Bundi in Sessions Case No.5/2003 whereby the appellant has been convicted for offence under Section 8/18 of the Narcotic Drugs & Psychotropic Substance Act, 2005 (sic 1985) (hereinafter to be referred as "the Act") and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/- and in default thereof to further undergo rigorous imprisonment for one year.

2. The brief relevant facts for the disposal of this appeal are that the appellant was charge-sheeted for the above offence on the premise that on 6.4.2003 when a motorcycle, on which the appellant was riding, was searched by SHO Police Station Nainwa (District Bundi) in the presence of independent witnesses narcotic drug opium weighing 3.500 kg. contained in a polythene bag which was further contained in a cotton bag was recovered without any valid licence or permit. In this regard FIR No.94/2003 was registered at Police Station Nainwa (District Bundi) for offence under Section 8/18 of the Act. To prove t

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