Honble JAIN, J.–The accused appellant has filed this appeal challenging his conviction and sentence passed by Special Judge, NDPS Cases, Jhalawar in Sessions Case No. 18/99 whereby he has been convicted and sentenced in each offence under Section 8/18 and Section 19 to 10 years RI and a fine of Rs. 1 lac. Both the sentences of imprisonment to run concurrently. In case accused fails to make the payment of the amount of fine then he will further undergo in each offence two years RI meaning thereby additional RI for 4 years.

(2). The prosecution case in brief is that a complaint was filed by Central Narcotics Bureau against accused appellant in Court of Special Judge, NDPS case, Jhalawar under Section 8/18 and 8/19 of the NDPS Act, 1985 wherein it was alleged that the accused was holding a licence of cultivation of opium for the year 1998-99. During the period from 6.3.1999 to 23.3.1999 the daywise weighed of opium produce was mentioned in the daily weigh register duly signed by accused as well as opium Lambardar Raghunath Singh. The total weighment of the contraband during above period was 11.750 kg. However on 14.4.1999 the accused brought only 5.500 kg opium which was lesser in quan

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