1. - These two appeals arise out of judgment of conviction and order of sentence passed by the learned Special Judge, NDPS Act cases, Pratapgarh dated 28.2.2002 in Sessions Case No. 17 of 2000, whereby the accused-Appellants have been convicted under Section 8/18 of the NDPS Act and sentenced to undergo 12 years rigorous imprisonment and to pay a fine of Rs. 1.50 lac., in default thereof to further undergo rigorous imprisonment for a period of 3 years. Since both the appeals have been filed against a common judgment, these appeals are being disposed of by this judgment.

2. Brief facts giving rise to the present case may be summarised thus:

1. On 1.4.2000, at about 9 AM, PW13 Kailash Chandra, SHO, Police Station, Chhoti Sadri, the Investigating Officer of the case, received a secret information Ex.P/33A to the effect that from a red coloured Maruti Car, coming from Pratapgarh and approaching towards Chittorgarh, opium could be recovered.

2. PW 13 Kailash Chandra after recording the information, sent it for compliance under Section 42 of the Act . to the S.R Chittor and Additional S.R Pratapgarh. This was taken by Constable PW 9 Narsingh on 1.4.2000.

3. The raiding party consist