Honble GARG, J.–Both the abovementioned appeals are being decided by this common judgment as in both of them, common questions of law and facts are involved and they have been preferred against the judgment and order dated 8.12.2000 passed by the learned Special Judge, NDPS Cases, Chittorgarh in Sessions Case No. 37/98, by which he convicted all four accused appellants for the offence under section 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 10 years RI and to pay fine of Rs. one lac, in default of payment of fine, to further undergo two years RI.

(2). The facts giving rise to these two appeals, in short, are as follows:-

PW12 Tulsiram, who was at the relevant time SHO Police Station Parsoli prepared a Parchakayami (Ex.P/27) on 18.2.1998 stating inter-alia that on 18.2.1998 at about 1.15 PM he received a secret information from mukhbir to the effect that Shanti Lal (accused appellant No. 1 of appeal No. 18/2001) of village Anoppura Khardi and Bhanwarlal (accused appellant No. 2 of appeal No. 18/2001) of village Harpura and their two companion used to deal in contraband opium and the

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