JUDGMENT

P. K. TRIPATHY, J. — Appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’) and sentenced to undergo R.I for ten years and to pay a fine of rupees one lakh by learned Assistant Sessions Judge, Kamakshyanagar as per the impugned judgment delivered in Sessions Trial No. 17-D/4 of 1989. That order of conviction and sentence is under challenge in this appeal.

2. According to the prosecution, on 19.10.1988 on receipt of information from the Excise Constable Akshya Kumar Mohapatra (P.W.2) the S.I. of Excise, Kamakshyanagar namely Kasinath Biswal (P.W.1) conducted a raid of the betel shop situated at the out¬skirt of village Khokasa under Kamakshyanagar P.S.accused was then in that shop. On search, 100 gms. of non-duty paid Ganja was recovered from a ‘tin-dibba’ and 5 gms. of contraband opium from a ‘Zarda-Dibba’. The same was seized in presence of the excise staff and two independent witnesses namely Hata Kishore Khuntia (P.W.3) and Kunja Behari Gochhayat (P.W.4). Accused was arrested and produced before the Magistrate on 20.10.1988. The seized article, which was kept in a sealed packet, was sent for chemical an