R. K. DASH, J.

( 1 ) THE appellant assails the order of conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) and sentence of 10 years rigorous imprison ment and fine of rupees one lakh, in default, to undergo further period of 3 years R. I. awarded to him by Assistant Sessions Judge, Kendrapara.

( 2 ) THE prosecution case shortly stated is that on 29-7-1989 night Sesadeb Samal (P. W. 2), S. I. of Excise Pattamundai while performing patrol duty along with constables (P. Ws. 3, 4 and 5) received information about the appellant having in his posses sion contraband opium. Later, finding the appellant coming from Pattamundai side with a bicycle, P. W. 2 detained him and recovered a packet from his posses sion which contained opium. The total weight of the opium was 40 grams out of which he kept 10 grams as a sample for chemical analysis. Thereafter he sealed both the sample as well as the remaining opium in presence of the witnesses he sent the sample for chemical analysis and after having obtained the report launched prosecution against the appellant to stand his trial.

( 3 ) WHEN examined u/s. 313, Cr. P. C. , the appel lant d