P. K. PATRA, J.

( 1 ) THE appellant has challenged the judgment dated 25-7-1998 passed by Shri A. P. Das, Second Additional Sessions Judge, Cuttack in G. R. Case No. 331 of 1997 (T. R. No. 18 of 1997) convicting him under S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default to undergo rigorous imprisonment for a further period of five years.

( 2 ) BRIEFLY stated, the prosecution case is as follows :on 19-3-1997 P. W. 2, the Inspector of C. I. D. , Crime Branch, Cuttack received reliable information regarding illegal transaction of narcotic drugs at Gopalpur under Cuttack Sadar Police Station and hence he organised raid in the Gopalpur Commercial Checkgate area and nearby residential houses from 12-30 p. m. to 3-30 p. m. on the same day. The raiding party consisted of P. W. 2 himself, one S. I. , three constables and two women constables of the Department and one A. S. I. of the Cuttack Sadar P. S. During the course of such raid they found the appellant (hereinafter REFERRED TO as 'accused') carrying on business transaction at the Commercial Checkgate. He was suspected to be a drug peddler and hence he was challenged. He was given option to be searched in presence of a Magistrate or a Gazetted Officer and when he expressed to be searched in presence of a Gazetted Officer, P. W. 2 requested the Superintendent of Police of the Department over phone to requisition the services of a Gazetted Officer and the Deputy Superintendent of Police (P. W. 3) of the Department was deputed to the spot and in his presence P. W. 2 conducted personal search of the accused and recovered one small polythene packet containing brown sugar and cash of Rs. 100/- from the pant pocket of the accused. On weighment, the brown sugar came to 1 gram 950 mgs. Since the accused could not account for the same, the brown sugar and cash were seized in presence of two local witnesses. Two samples each weighing 50 miligrams, were drawn from the brown sugar and the sample packets, the polythene packets containing balance brown sugar of 1 gram 850 mgs. and the cash were sealed in separate packets by using the brass seal of the office of the S. P. of the Department. The brass seal was left in zima of a witness. The accused was arrested at 5-00 p. m. for illegal possession of brown sugar and was taken to the Sadar Police Station where P. W. 2 lodged the FIR (Ext. 6) before the Officer-in-charge of the P. S. (P. W. 6) who registered the case and took up investigation. P. W. 6 again sealed the articles and kept the same in police Malkhana. On 19-3-97 he forwarded the accused to the Court of Judicial Magistrate, first Class (Rural), Cuttack in custody and produced the seized articles. On his prayer the Magistrate drew up 500 miligrams of brown sugar from the packet containing 1 gram 850 miligrams of brown sugar and sealed the packet using his own seal and sent the same for chemical examination. On 2-5-97 P. W. 6 handed over charge of investigation to another Inspector of the Department (P. W. 4 ). He received a xerox copy of the chemical examination report which revealed that the sample contained heroin (Diacetylmorphine ). The original chemical examination report was stated to have been sent to the Court, but the same was received in Court at the time of examination of P. W. 4 and was marked as Ext. 9. After completion of investigation, P. W. 4 submitted charge-sheet against the accused who stood his trial. The defence plea is one of denial. In his statement u/s. 313, Cr. P. C. the accused has stated that he was asked to sign in blank papers and nothing was seized from his possession.

( 3 ) MR. R. N. Mohanty, learned counsel for the accused and Shri S. Pradhan, learned Additional Standing Counsel for the State were heard at length. While Shri Mohanty contended that the impugned judgment is unsustainable in law and is lia