( 1 ) - Being aggrieved by the Judgment passed by learned Special Judge, (NDPS), Balaghat in Special, Criminal Case No. 67/91 decided on 28-11-1992, convicting the appellant under Sections 8/18 of Narcotic Drugs and Psychotropic Substances Act sentencing him to undergo R. I. for ten years and pay fine of Rs. 1 lac in default of payment of fine to undergo R. I. for two years the appellant has filed this appeal.

( 2 ) THE prosecution case in brief is that on 28-2-1991 Sub-Inspector Salim Khan received an information that the present accused-appellant was cultivating Poppy in contravention of the provisions of Narcotic Drugs and Psychotropic Substances Act. Taking with him certain Panchas and the Police guard he proceeded to village Suswa where he found the accused and enquired from him that he had come to take search of the Badi (field) of the accused as he had the information about the growing of the Poppy plants. The accused straightway admitted cultivation of the poppy plants. Thereafter, a Panchnama was prepared the Poppy plants were uprooted samples were taken out and thereafter the samples and the remaining plants were sealed. The accused was brought to the police