JUDGMENT

Shambhoo Singh, J. - This appeal is directed by the accused against the judgment and order dated 17.2-1998 passed by Sessions Judge, Mandsaur in S.T. No. 6/88 whereby the appellant was convicted under Sections 8/18 of the N.D.P.S. Act, 1985 (for short ‘the Act') and sentenced to 10 years RI.

2. The prosecution case, in brief, was that on 5-7-1987 at 12.00 a.m. P.W. 5 B.S. Malviya. Sub-Inspector P.S. Maihargarh, received information that in the jungle of village Sujanpura. Dhokri and, Ambab, on the well of Ratan Singh, opium will be collected and prepared and will be transported in a jeep before morning, this information was noted down in Roznamcha Sanha Ex. P.5 and thereafter Sub-Inspector Malviya called P.W. 2 Mangilal, watchman and P.W. 3 Kamal Singh. N.C.C. Homeguard and gave them this information and proceeded for the place from where the opium was to be transported. Sub-Inspector Malviya took S.P. Tiwari. Sub-Inspector, out-post Pipliya Mandi and reached the road at 3 a.m. in the night. At 3.30 a.m. two persons came on a horse with a gunny bag, from the side of village Ambab and Semli. S.I. Malviya flashed torch seeing which the rider accelerated the speed. The appell