Honble MEENA, J. — This appeal is directed against the judgment of trial court dated 9.11.94 whereby the trial court has convicted the accused appellant for the offence u/s. 8/18 of the N.D.P.S. Act and sentenced to undergo 10 years rigorous imprisonment and also pay fine Rs. one lac, in default of payment of fine, further undergo 2 years rigorous imprisonment.

(2). On 31.3.93, one Ranglal was apprehended by the officials of Narcotic Department and from his possession 2 kg. opium has been recovered. At that point of time, Ranglal furnished the information that he was going to hand over this Opium to one Maniram and appellant. On this information, the S.P. Central Bureau of Narcotics, Kota has issued search authorisation warrant to Mr. Mahesh Kumar, Inspector. On 2.4.93 at 11.00 p.m. Mahesh Kumar along with staff and police officials went to Jhunjhunu and on 3.4.93, the house of the appellant was searched. During search, appellant was found in the house. The house was in joint possession of accused appellant and Maniram (brother of accused). Mahesh Kumar asked the appellant whether he wants to search his house by any Magistrate or gazetted officer, but the appellant agreed that he ha

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