K. L. SHRIVASTAVA, J.

( 1 ) THIS appeal is directed against the judgment dated 1-7-89 passed by the I. A. S. J. , Shajapur in S. T. No. 19/89 where by the appellant has been convicted u/s. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for possession of 11/4 Kgs. of opium valued at Rs. 4,000/ - and has been sentenced to undergo R. I. for 10 years and to a fine of Rs. 1 lac.

( 2 ) ACCORDING to the prosecution, on 26-11-1988, information was furnished to Arjun Singh Parihar (P. W. 5), the Town Inspector, Shujalpur, by an informer that the appellant Salamat Ali, r/o Rajgarh dressed as a homeguard sainik was proceeding to Bhopal for selling opium.

( 3 ) ON the basis of the said information, Arjunsingh Parihar (P. W. 5) accompanied by probationary Sub-lnspector Madan Mohan (P. W. 1) and Police Constable Kamleshkumar (P. W. 2) reached Chhatri Chowk, near Shujalpur Railway Station. The appellant was encircled and was caught hold of. He had a bag with him. On search being taken the contra-bond opium was found in his possession in a plastic bag and was seized. The search and the seizure were effected in the presence of Panch witnesses Prem (P. W. 3) an

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