JUDGMENT - D.G. DESHPANDE, J.:---This appeal has been preferred by both the appellants i.e. the original accused against their conviction in N.D.P.S. Special Case No. 126 of 1993 by the Special Judge, T.N. Nalawade, Pune, for offences under section 20(b)(ii) of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as "the N.D.P.S. Act") by which they were sentenced to suffer R.I. for ten years and to pay a fine of Rs. 1,00,000/- in default R.I. for two years.

2. Since Mr. Gupte Counsel for the accused raised mainly two legal questions, we are narrating the facts of the case in brief.

P.W. 4 P.S.I. Parameshwar Baburao Bhagat was attached to police chowky under Bundgarden Police Station on 12-10-1992. At about 19.00 hours he received an information that two persons were carrying a suitcase containing large quantity of narcotic drugs at Pune S.T. stand and would shortly leave Pune by S.T. bus for Goa. P.W. 4 therefore called two panchas, sent intimation to the P.I. of the Police Station, obtained permission to carry out the raid and proceeded to the spot where they found the information was correct and two persons with the same description and two suit cases

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