MRS.SABINA, J. - (1.) Appellants had faced trial in FIR No.308/2006 registered at Police Station Bhawani Mandi, District Jhalawar for the offences u/s 8/21 and 8/17 the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act').
(2.) Prosecution story in brief is that on 30.11.2006 police officials received information that the appellants were indulging in smuggling of drugs. On the basis of the said information Nakabandi was arranged. At about 5.00 p.m. two motorcyclists were seen coming from the side of railway crossing. The said persons were signaled to stop their vehicles. One person disclosed his name as Balu Singh whereas the other person disclosed his name as Parmeshwar Pillai. Brijraj Singh, Deputy Superintendent of Police (DSP) also reached the spot. Appellants were informed in writing about their right that they could get their search effected in the presence of Magistrate, Gazetted Officer or Brijraj Singh DSP. Both the appellants gave their consent that their search be conducted in the presence of DSP. Thereafter, on serarch 500 grams of smack was recovered from each appellants. Further from the motocycle 6 Kg processed opium was recovered. Samples were separated from the recovered contraband and were made into sealed parcels. Case property was taken in possession.
(3.) After completion of investigation and necessary formalities, challan was presented against the appellants and their co-accused Gokul.;