Honble GARG, J.–Both appeals are being decided by this judgment as they have been preferred against the common judgment and order dated 12.5.2000 passed by the learned Special Judge, NDPS Cases, Chittorgarh in Sessions Cases No. 100/97 by which he convicted both the accused appellants for the offence u/S. 8/18 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as `the NDPS Act) and sentenced each of them to undergo ten years RI and to pay fine of Rs. one lac, in default of payment of fine to further undergo one year RI.

(2). They arise in the following circumstances.:-

Facts pertaining to accused appellant Suresh Chandra (S.B. Criminal Appeal No. 266/2000):

On 11.4.1994 at about 5.15 AM, PW11 Satish Kumar, SHO, Police Station Sambhupura received a secret information from Mukhbir to the effect that one Suresh Chandra was engaging himself in the business of contraband opium and on that day he would come on foot alongwith the contraband opium from village Bhawaliya. That information was reduced into writing by PW 11 Satish Kumar and the same is Ex.P/18 and its copy was also forwarded by him to superior officers. Thereafter, as per that information, PW 1

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