JUDGMENT :

B.K. Patel, J. - This appeal is directed against the judgment and order passed by the learned Sessions Judge, Cuttack in G.R. Case No. 1510 of 2002 convicting the Appellant u/s 21(b) of Narcotic Drugs and Psychotropic Substances Act (for short the 'N.D.P.S. Act') and sentencing him to undergo R.I. for seven years and to pay a fine of Rs. 50,000/- (Rupees fifty thousands only), in default to undergo R.I. for one year.

2. Prosecution case, in brief is as follows:

On 06.11.2002, P.W.3 the I.I.C., Madhupatna Police Station, Cuttack on receipt of reliable information that the Appellant was dealing with brown sugar at Manimandir square at Khannagar, proceeded to the spot along with his staff including P.W.1 S.I. of Police, P.W.2 A.S.I. of Police and P.W.7 Police Constable after requesting the Superintendent of Police over telephone to depute an Executive Magistrate or Gazetted Officer to the spot. On the way P.W.3 procured P.Ws.4 and 5 two independent witnesses. At the spot P.W.3 and his staff detained the Appellant. Soon thereafter P.W.6, the City D.S.P., Cuttack, who happened to be a Gazetted Officer, arrived there. After observing all procedural formalities prescribed under la