Honble JAIN, J.—This criminal appeal is directed against the judgment of learned Sessions Judge, Balotra dt. 1.2.1992 whereby he has convicted the appellant u/s. 17 read with S. 18 of the N.D.P.S. Act, 1985 and sentenced him to 10 years R.I. with a fine of Rs. one Lac on each count and in default of payment of fine to further undergo 2- years R.I.

(2) The prosecution case in brief is that at 7.30 P.M. on 29.4.1991 on receiving a secret information, P.W.9 Talish Hussain Khanna, Dy. Superintendent of Police, Balotra accompanied by P.W.10 Bhanwar Singh, S.H.O. with other personnels viz. PW. 3 Hamsha Khan, P.W. 4 Mula Ram, Chutra Ram and Narsingh reached P,S. Mandali, where P.W. 10 Bhanwar Singh and some other police officers joined them and thereafter they reached village Kalau situated at border and sealed the border but could not recover any goods. It is alleged, on 30.4.1991 at 5.30 A.M. when the police party was patrolling the border, the Dy. S.P. got an information that one Bala Ram, s/o Kirpa Ram is dealing in opium illegally, they reached at Dhani of Bala Ram at 6.30 A.M. and recovered a polythene bag full of catechu substance weighing 1 Kg. which on smelling was found to be opi

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