Honble GARG, J.–This appeal has been filed by the accused appellants against the judgment and order dated 18.1.1999 passed by the learned Special Judge, NDPS Cases, Chittorgarh by which he convicted both the accused appellants for the offence under section 8/18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the NDPS Act) and sentenced each of them to ten years Rigorous Imprisonment and fine of Rs. 1 lac and in default of payment of fine, they shall further undergo R.I. for two years.

(2). The necessary facts giving rise to this appeal are as follows:-

On 21.1.1997, S.H.O., Police Station Kotwali, Chittorgarh Shri Ganpat Singh Chouhan, PW13 received a secret information that two persons having opium with them are travelling by Roadways Bus from Neemach to Delhi and the Bus is likely to arrive at Bus Stand Chittorgarh at about 8.45 PM. That information has been reduced in writing to make the compliance of Section 42 of the NDPS Act and, thereafter, for making further compliance of the said Section, that information was sent to Dy. Superintendent of Police, Chittorgarh by PW13 Ganpat Singh Chouhan and thereafter, he alongwith police party consi

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