1. The appellants have filed the present appeal being aggrieved by judgment dated 2.4.2011 passed in Special Sessions Trial No. 84/2009 by learned Additional Special Judge [N.D.P.S. Act], Garoth, District Mandsaur, by which they have been convicted under section 8 read with section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [in brief “the Act of 1985”] and sentenced to undergo 10 years RI with fine of Rs. 1,00,000-00 each, with default stipulation.

2. As per the prosecution story, Sub-Inspector Ambika Prasad Saxena (PW1) has received an information from unknown informant that two persons aged 25 years travelling in the bus from Mandsaur to Garoth are sitting in front seat carrying illegally grind poppy straw in the bags. The bus was detained on the Check Post and after search, poppy straw was recovered which was kept in two polythene bags loaded on roof top of the bus.

3. After detention of the bus, the search was conducted by team of police personal and two plastic bags were found on roof top of the bus. In the bags, poppy straw measuring 20-20 kgs. was found. Immediately sample of 250-250 gms were prepared and sent for examination to the FSL. Remain