Honble GARG, J.–This appeal has been field by the accused appellant against the judgment and order dated 24.9.1986 passed by the learned Sessions Judge, Balotra in Sessions Case No.8/86 by which he convicted the accused appellant for the offence under Section 8/18 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as `the NDPS Act) and sentenced him to undergo ten years RI and to pay fine of Rs.One lac, in the default of payment of fine, to further undergo RI for one year.

(2). The facts giving rise to this appeal, in short, are as follows:-

On 17.1.1986, P.W.1 Khangar Khan, ASI in Police Station Samdari District Barmer while on patrolling alongwith Bhanwar Singh and Nawal Kishore (PW2) near Sarhad Melee Bandha, received a secret information from mukhbir to the effect that accused appellant Kesaram used to deal in illegal business of opium and he had opium in his possession at his house. Thereafter, he alongwith two motbirs PW5 Madha Ram and PW6 Heera Ram reached the house of the accused appellant where he was found and he was informed about the mukhbir information. Thereafter, search of the house of the accused appellant was conducted and in the house,

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