JUDGMENT

C.K. THAKKER, J.—

1.Leave granted.

2.The present appeal is filed by the appellant-accused against the judgment and order dated February 20, 2004 passed by the High Court of Madhya Pradesh (Indore Bench) in Criminal Appeal No. 1258 of 1997. By the said order, the High Court confirmed an order of conviction and sentence recorded by the Second Additional Sessions Judge, Neemuch on November 20, 1997 in Special Criminal Case No. 12 of 1994. Both the courts convicted the appellant herein for an offence under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and ordered him to undergo rigorous imprisonment for ten years and also to pay fine of rupees one lakh, in default to undergo rigorous imprisonment for three years.

3.The case of the prosecution was that on May 1, 1993, at about 4.00 a.m. in the morning, Station House Officer, Ratangarh received secret information through an informant that one Shantilal (appellant herein) resident of village Kankariya Talai was carrying narcotic drug and was expected to have come from the said village. He was to carry illegal opium to Beju (Rajasthan). The information w