P. K. MISRA, J.

( 1 ) THE appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the N. D. P. S. Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, in default to undergo further rigorous imprisonment for five years.

( 2 ) AS per the prosecution case on 9-8-1991 while P. W. 5 the Sub-Inspector of Excise was patrolling along with other officials in village Iswarpur, he received information that accused Jadumani Sahu was in possession of huge quantity of opium. Immediately, thereafter, the excise staff searched the house of the accused and from the second bed room under the cot opium was seized. After weighing, samples were drawn and on completion of investigation prosecution report was submitted.

( 3 ) THE plea of the accused was one of denial and it was stated that the house from which the contraband articles were seized belonged to Kulamani Sahu, an agnatic relation of the accused and not to the accused.

( 4 ) DURING the trial, six witnesses were examined on behalf of the prosecution, of whom P. Ws. 3 and 5 are respectively the Asstt. Sub-Inspector of Exc