ORDER

This appeal by special leave assails the judgment and order of the High Court of Madhya Pradesh (Indore Bench) dated 23rd June, 1999 vide which conviction and sentence of the appellant, for an offence under section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act ) as recorded by the trial court, was upheld. According to the prosecution case, on 13th January, 1988, on receipt of secret information by Bherusingh Malviya - PW-5, station officer of police station, Malhargarh to the effect that certain persons could be processing opium in the jungle between villages Palewana, Mundedi and Bhuki. PW-5 reportedly recorded that information in the rojnamacha, exhibit P-7. He along with other police staff after associating public witnesses, proceeded towards the jungle and reached there at about 4.35 a.m. It was found that two persons were moving about in suspicious conditions and were carrying some articles with them. On seeing the police party, both tried to run away. They were chased for a distance of about 1 - 1 and 1/2 km and found hiding themselves behind a heap of kadvi. The police party, on searching the kadvi, recovered