JAGAT SINGH, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 8th March, 2001 passed by learned Special Judge, NDPS Cases, Jodhpur in Sessions Case No. 24/99 whereby accused appellants were convicted for offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') and sentenced each of them to 10 years rigorous imprisonment along with fine of Rs. 1,00,000/ -, in default of payment of fine, to further undergo two and half years' imprisonment.
(2.) THE concise relevant facts of the case are that at 11AM on 17.3.1999, Surendra Singh, SHO, Police Station, Rani (PW -3) received a secret information Ex.P -7 by telephone that two persons of 'Raika' caste, one of whom is young, wearing white Dhoti, black sweater and 'Chundri' headgear and the other is wearing red colour turban, white 'Angarkhi' and Dhoti as also a sheddy colour coat and both having a black blanket with red stripes; were having opium tied in their Lungi and have proceeded from Nadol to Barkana, if apprehended urgently, narcotic can be recovered. Upon above information, PW -3 Surendra Singh called two Motbirs -PW -1 Khilafat Khan and PW -4 Habib Khan and proceeded towards the site where he saw two persons coming from Nadol side. They were coming through fields. They were surrounded by the raiding party and after giving notices Ex.P -1 and P -2, under Section 50 of the NDPS Act, search of their person was conducted by PW -3 Surendra Singh whereupon vide seizure memos Ex.P -3 and Ex.P -4, from 'Lungi' in possession of Saroopa Ram as also of Faglu Ram, one kilogram opium from each accused was recovered. They were not having license to carry that much narcotic and therefore, same was seized. Samples from each lot, weighing 30 gms were taken out and sealed then and there. Remaining contraband was also sealed separately. Accused persons were put under arrest.
(3.) THE samples so seized and sealed were sent in sealed condition to the Forensic Science Laboratory through PW -5 Champa Lal, Constable, whereupon report Ex.P -19 was received, which indicated that the samples were found containing 1.90% morphine and it was opium.;