( 1 ) THIS appeal has been preferred by the accused who has been convicted and sentenced u/s 8/18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N. D. P. S. Act) to a term of 10 years R. I. and a fine of Rs. 1 lac or in default of payment of fine 6 months R. I.

( 2 ) SHORTLY narrated the facts are that P. W. 5, Narendra Mohan Singh Chandel, received information on 21-4-1990 at 4-16 P. M. that a person was coming to Guna by 189 Up Kotah-Damoh train. He made an entry, vide ex. P-6, went to the Railway Station. He informed constable Dikshit and Ramshankar about the information received from the informant. He asked Ashok Dube to call Laxminarayan and Liyakat Ali. When the train reached plot form no. 1 he saw that from Coach no. 28281 a person came down who had wrapped himself from a bed sheet. He made enquiry and enquired as to whether he wanted to give search to him or some officer be call whereupon he agreed to give search. Search was taken and Panchnama Ex. P-4 was prepared which was got signed by him as well as by witnesses. Opium was recovered from him which was got weighed and Panchnama Ex. P-2 was prepared. He also pr