Hon'ble AGARWAL, J.—Heard learned counsel for the parties.

2. The accused-appellants have preferred this appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 19.5.2004 passed by Special Judge (NDPS Cases), Kota in Sessions Case No. 18/02 whereby the appellants have been convicted for the offence under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act") and have been sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs. 1 lakh, in default of payment of fine to further undergo rigorous imprisonment of one year.

3. The brief relevant facts for the disposal of this appeal are that the appellants were tried for the offence under Section 8/18 of the Act on the premise that on 28.3.2002 on search being conducted by Inspector Shri Satyapal Singh Sabarwal, CNB, Kota in the present of independent witnesses narcotic drug opium weighing 4 kg was recovered from the joint possession of the appellants without any valid license or permit. In this regard, FIR No. 4/02 was registered at CNB, Kota Shri S.P. Kalra and when the raiding party was conducting "Nakabandi" in front of Panchwati Gard

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