JUDGMENT

B. K. NAYAK, J. - The appellant challenges the judgment dated 10.08.2006 passed by the learned Sessions Judge-cum-Special Judge, Cuttack in G.R.Case No. 1285 of 2002 whereby the appellant has been convicted under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act (in short 'the NDPS Act') and sentenced to undergo R.I. for a period of ten years and fine of Rs. 1,00,000/-, in default, to undergo R.I. for further period of three years.

2. The prosecution case in a nutshell is as follows:

On 06.11.2002 the O.I.C. of Cuttack Sadar Police Station (P.W.9) received information that the accused-appellant was selling brown sugar in his cowshed at village-Paiksahi. He entered the information in the Station Diary of the Police Station vide SDE No. 151 dated 06.11.2002 and informed the Superintendent of Police, Cuttack by way of a written report. He also sent requisition to the Sub-Collector, Cuttack for deputation of an Executive Magistrate. At 9.50 A.M., the Officer-in-charge with the police party and two independent witnesses, namely, Bauri Sahu and Ramesh Chandra Sahu, reached near the cowshed in question in village-Paiksahi. The accused was then found sitting inside the cowshed and opening a polythene packet containing brown sugar and near the polythene packet there was a small brass weighing scale, one 100 gm. iron weight, one white polythene empty packets were lying. At the sight of the police party, the accused wanted to escape but could not. The Officer-in-charge gave his identification to the accused and the purpose of his visit and asked him, informing his right, whether he wanted to be searched in presence of an Executive Magistrate or Gazetted Officer. The accused opted the presence of an Executive Magistrate. Sri Nigamananda Panda, who is an Executive Engineer then reached at the spot being deputed by the Sub-Collector and also gave his identity to the accused. Personal search of the accused was conducted in presence of the Executive Magistrate, but nothing was recovered from his possession. But from the cowshed a pink old polythene packet containing brown sugar, one empty torn white polythene packet, one small brass weighing scale, one iron 100 gm. weight, six number of polythene empty packets were recovered from the cowshed where the accused was sitting. The brown sugar was weighed, which was found to be 296 gms. including the weight of newspaper and the net weight was found to be 288 gms.

The Scientific Officer, who was present, drew two separate samples of 5 gms. each from the brown sugar and made two separate packets marked as A/1 and A/2. The packet containing the bulk quantity of brown sugar was marked as Ext. A. The other incriminating materials lying there were also kept in separate packets marked as B, C, D and E. The OIC sealed all the packets in presence of witnesses with his personal brass seal and obtained the signatures thereon of the witnesses including the Executive. Magistrate and the Scientific Officer of District Forensic Science Laboratory and also that of the accused. He seized all the sealed packets marked as A to E at the spot and prepared the seizure list in presence of witnesses and obtained the signatures of the witnesses and the accused. He also impressed the seizure list with the specimen seal of his personal brass seal and left the brass seal in the zima of a witness keeping it in a sealed packet. Thereafter, the OIC arrested the accused and drew up the plain paper FIR at the spot. The Sub-Inspector of Police (P.W.11) being directed to take up investigation, the OIC handed over the seizure list, zimanama, other connected papers and the seized properties to P.W.11 at the spot. P.W.11 took up investigation. During investigation P.W.11 sent the seized materials including samples to S.F.S.L. for chemical examination. -tie seized the reports, which were sent by the OIC under Section 42(2) and 57 of the Act. On completion of investigation, charge-sheet was submitted against the a