JUDGMENT

Deo Narayan Thanvi, J.—These are the three appeals filed by five accused appellants arising out of the judgment of learned Special Judge, NDPS Cases, Chittorgarh dated 28.1.2003, whereby he convicted all the five accused appellants for the offence under Section 8/15 of the Narcotic Drugs & Psychotropic Substances Act 1985, hereinafter referred to as ‘the Act’ and sentenced each of them to undergo ten years’ R.I. and to pay a fine of Rs.1,00,000 and in default, to further undergo three months, S.I. The truck No. RJ 19G 3625 was also ordered to be confiscated. However, the proceedings against Nirbhay Singh were kept pending under Section 173(8) Cr.P.C.

2. Facts leading to this appeal are that on 25.4.2001, Anil Joshi, SHO, PS, Bhadesar received a secret information that the accused Babu Lal Jat & Jeevan Ram Bishnoi are purchasing poppy straw from the nearby village Muraliya and accused appellants, Anr Khan, Ayub Khan and Shakeel Khan are loading the said poppy straw in the truck, who will be dropped at Chittorgarh Border. The information was recorded in the Rojnamcha and copy of it was sent after giving notice to the motbirs. They saw one truck being No. RJ 19G 3625 near Da