R. K. PATRA, J.

( 1 ) THIS is an appeal under section 36-B of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as the Actt) read with sub-section (2) of section 374 of the Code of Criminal Procedure, 1973 (in brief TCr. P. C. T) against the conviction of the appellant under section 18 of the Act who has been sentenced thereunder to undergo rigorous imprisonment for ten years and to pay a fine of one lakh rupees in default to undergo rigorous imprisonment for further period of two years.

( 2 ) THE prosecution case mar be briefly unfolded. On 21. 4. 1990 the Inspector of Excise, Purl Sadar (P. W. 6) along with his staff which included P. W. 1 Sub-Inspector of Excise and P. W. 2 Excise constable had been to Sakhigopal area on detection duty. One Magistrate examined as P. W. 6 had accompanied them along with some A. P. R. force. While returning to the headquarters, they halted for sometime on the way at Chandanpur to take betel etc. During their halt, P. W. 2 (Excise Constable) was informed about the traffic of opium by the appellant and this information was conveyed by P. W. 2 to P. W. 5 who immediately with his staff and the Magistrate proceeded tow