B. R. ARORA, J.

( 1 ) THIS appeal is directed against the judgment dated 6-4-94, passed by the Special Judge, N. D. P. S. Cases, Jodhpur, by which the learned Special Judge convicted the accused-appellants for the offence under Section 17, of the Narcotic Drugs and Psychotropic Substances Act (for short, the Act) and sentenced each of them to ten years rigorous imprisonment and a fine of Rs. 1,00,000. 00 each and in default of payment of fine further to undergo one years rigorous imprisonment.

( 2 ) ACCUSED-APPELLANTS, alongwith one Smt. Keli, were tried by the learned Special Judge, N. D. P. S. Cases, Jodhpur, for contravention of the provisions of the Narcotic Drugs and Psychotropic Substances Act. The appellants were tried for the offence under Section 17, of the Act while Smt. Keli was tried for the offences under Sections 17, and 25 of the Act. The case of the prosecution is that on 25-11-1993, at about 1. 15 p. m. , PW 1 Bhagwat Singh, Station House Officer, Police Station, Soorsagar, Jodhpur, received some secret information from one Mukhbir that smt. Keli, Pancha Ram and Bhiya Ram are engaged in the illegal business of selling the opium and they are preparing the o