Uma Nath Singh, J.

1. This Criminal Appeal arises out of a judgment dated 24.12.2002 passed in Sessions Case No. 15/NDPS of 23.10.2002/2.7.2001 holding the appellant-accused guilty of offence under Section 18 of the Narcotic Drugs Psychotrpic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"), for having been found in conscious possession of 3 kgs. opium without a licence or permit.

2. The prosecution case, as set out in paragraphs 2 and 3 of the impugned judgment, on re-production reads as under :-

"that on 23.3.2001 S.I. Darshan Pal Singh (PW-5) accompanied by Head Constable Dayal Singh (PW-4), Head Constable Randhir Singh, Constable Baljit Singh and Raghbir Singh, was present on Ambala Jagadhri road near Kardhan turning, in connection with patrol and crime detection, when a secret information was received that the accused indulged in trading of opium and would be coming from the side of village Kardhan with the contraband. On this information a `Naka was laid and SHO, Police Station, Mahesh Nagar and Deputy Superintendent of Police Deep Ram were informed about this secret information through V.T. Message. Later secret information was reduced into writing as