JUDGMENT

Dr. ARIJIT PASAYAT, J.-- Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court, Indore Bench upholding the conviction recorded by a learned Special Judge (NDPS Act), Indore in Special Case No.10/98 convicting the appellant alongwith another accused Aziz Khan for offence punishable under Sections 8 and 21 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short `Act') and sentencing each to RI for 10 years and to pay a fine of Rs.1,00,000/- with default stipulation.

3. Background facts in a nutshell are as under:

On 5.19.1997 Superintendent of the Narcotics Department, Shri A.B. Acharya (PW-4) and Inspector Devilal Prajapati (PW-2) proceeded to Mhow Naka. At 8.00 p.m. they checked a bus bearing registration No.MP-09/S-1841, which was going from Indore to Bombay. They informed the driver and conductor of the bus that in regard to the checking of contraband article, they want to check the bus. On inspection they found two persons sitting on seat Nos. 1 and 2. According to the case of the prosecution, the appellant and the co- accused on s