1. These two appeals are preferred by two accused persons jointly who were tried in Special Case No. 2/97 by Sessions Judge, Mandsaur. The accused persons are convicted for 10 years' RI each and fine Rs. 1 lac each, in default, further RI of two years RI each for the offence under section 8/21 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the Act').

2. In brief, the case of prosecution is that police station incharge A.K. Mishra stopped the motorcycle which was being driven by accused Raees, on which accused Abdul Gani was a pillion rider. The station Officer-in-charge A.K. Mishra stopped the motorcycle as he, was informed by the informant that somebody is carrying brown sugar on a motorcycle. According to the prosecution, accused Abdul Gani was holding a box in which a plastic bag was kept which was containing brown sugar. A notice under section 50 of the Act was given and from the bulk, two samples of contraband article of 20 gms. each were taken out and sealed and were sent to chemical examiner. Since the presence of brown sugar was found in the sample, accused persons were charge-sheeted and were tried.

3. The trial Court, on going through the charge-sh