JUDGMENT

Srikrishna, J.-These two appeals by special leave are directed against a common judgment of the Madhya Pradesh High Court rendered in Criminal Appeal No. 411/2000 and Criminal Appeal No. 414/2000 convicting the appellants herein, Jitendra s/o Vijay Narayan @ Virendra Raghuwanshi and Smt. Sheela @ Chandrawati, under the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. According to the prosecution case, Inspector Rajendra Pathak (PW7) of Police Station, Datia, received secret information at 5 p.m. on 12th August, 1999 that in front of the house of one Rampyari Bilganiya her tenant was standing with a scooter without number plate and was likely to transport charas and opium. S.D.O.(P) Angad Singh (PW8) was present at the police station when this information was received. A constable was sent to call two independent witnesses Sandeep (PW2) and Mukesh (PW3). The police party thereafter left for the house of Rampyari at 5.30 p.m. According to the prosecution s version, accused Jitendra (Appellant in appeal No. 411/2000) was standing in front of the house of Rampyari along with a scooter. On a request by the Police Officer that he may be permitted to search the dicky of t