Honble GARG, J.–This appeal has been filed by the accused appellants against the judgment and order dated 16.1.1999 passed by the learned Special Judge, NDPS Cases, Chittorgarh in Session Case No. 214/97 (102/96) by which he convicted the accused appellant for the offence under Sec. 8/18 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as `the NDPS Act) and sentenced them to undergo ten years rigorous imprisonment and to pay fine of Rs. one lac, in default of payment of fine, to further undergo RI for two years.

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

On 24.6.1996 at about 11.00 PM, PW 14 Prithvi Singh, SHO, Police Station Chanderiya District Chittorgarh made Parchakayami (Ex.P/24) stating inter-alia that he received a secret information at about 8.00 PM from mukhbir to the effect that accused appellant no. 2 Parthu, resident of Paroli and accused appellant No. 1 Shanker, also resident of Paroli had gone to Mishro-ki- pipli for purchasing opium and after purchasing it, they were coming on cycle alongwith the opium and in case the search was not conducted within time, there was every possibility that they would conceal

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