(1.) Appellants Lehrupuri and Sohanpuri have been convicted u/s. 8/18 read with Sec. 8/29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and each of them have been sentenced to rigorous imprisonment for 8 years and to pay fine of Rs. 80,000.00, in default thereof to further undergo 6 months rigorous imprisonment.
(2.) After hearing the learned counsel for both the side and scanning the evidence on record, this Court is of the opinion that the conviction of the appellants for the aforesaid offences is well merited.
(3.) PW- 1 Dharam Singh Meena, Inspector, NCB, Udaipur, has deposed that on 15.5.2001 he was posted as Inspector, NCB,Udaipur and on that day a secret information Ex.P/1 was received at 7.30 a.m. to the effect that accused Sohanpuri was selling opium in Udaipur and nearby places and will receive opium from one person resident of village Kesharkhdi, who is one of his relatives, and the accused will be waiting for him for obtaining opium between 10.00 a.m. to 12.30 p.m. near Sevashram Choraha, Udaipur. The information Ex.P/1 was sent through Senior Inspector R.N. Srivastava to the Deputy Commissioner, Narcotics, Kota and to the Headquarters at Gwalior. The information was also communicated to the Deputy Commissioner, Narcotics on telephone and also to the Acting Superintendent, NCB, PW-6 Shri R.B. Verma, Chittorgarh. After receiving direction, a team of NCB officials headed by PW-3 Shri R.N. Srivastava, Senior Inspector, CBN was constituted. The information sent to the higher official finds place in dispatch register Ex.P/2.