1. Feeling aggrieved by the judgment dated 21.7.1993 passed by IV Additional Sessions Judge, Ratlam, in Sessions Case No.110/91 holding appellant guilty for the offence punishable under section 8 read with section 18 of NDPS Act, 1985 and sentencing him with RI for 10 years and fine of Rs.l,00,000/- with a direction to undergo one year's RI, in default of payment of fine amount, this appeal has been preferred.

2. Short facts of the case are that on 14.4.1991 Krishna Kumar Upadhyaya PW3, Station House Officer received an information from the informer that two persons were coming by Ratlam-Banswada bus carrying contraband opium with them for its delivery to someone at Banswada. On this information Krishna Kumar Upadhayaya PW3 along with other witnesses proceeded and intercepted bus bearing No. CIF 232 at bus stand village Kunda. The bus was checked in presence of witnesses Anil Kumar PW 1 and Prithviraj Singh PW2, appellant and more person was found in the bus in suspicious condition, their names and addresses were ascertained and they were informed that police officer wants to take search of them. After obtaining their consent by consent letter Ex.P-10, they were searched, ap