JUDGMENT - VISHNU SAHAI, J.:---The appellant aggrieved by the judgment and order dated 11-8-1995 passed by the Special Judge, Greater Bombay in N.D.P.S. Special Case No. 92 of 1993 convicting and sentencing her to undergo 10 years R.I. and to pay a fine of Rs 1 lakh in default to suffer 1 years R.I. for the offence under section 8(c) of N.D.P.S. Act has come up in appeal before us.

2. In short the prosecution case runs as under :

On 19-4-1993 the informant Nana Uttamrao Ahire P.W. 1 was attached as Police Constables to Azad Maidan, Narcotic Cell Unit, Bombay. While on duty, at about 2.30 p.m., he received information from an informant that a Nigerian lady named Eliza residing at Viler Villa, Ramchandani Marg, Colaba, was dealing in narcotic drugs, was in possession of such drugs; and was likely to leave the city, immediately. He gave the said information to P.I. Ashok Hari Khedkar P.W. 8 who recorded it in the information book and passed it on to the D.C.P. Narayan Nirgude and A.C.P. Mr. More. Arrangements were made for the pre-trap panchanama. Public panch Sayyed Hawlkar P.W. 4 and woman Police Constable Mrs. Sangita Pednekar P.W. 3 were called. The public panch, P.I. Ashok Hari Khedkar P.W. 8 and others made mutual searches. The Gypsy and the Ambassador car in which they were to proceed, were also searched. Thereafter, at about 4.30 p.m. the informant, P.I. Ashok Hari Khedkar P.W. 8, Mrs. Sangita Pednekar P.W. 3, Public Panch Sayyed Hawalkar P.W. 4, A.C.P. More and some others, after collecting the sealing materials, drug identification kit etc. left in the said vehicles. They parked them in front of Taj Mahal Hotel, Colaba. They found out the building Viler Villa. With the assistance of watchman Mehta they collected information where the lady, from whom the drugs were to be recovered, resided. He showed them room No. 101. They found the said room closed, P.I. Ashok Hari Khedhar P.W. 8 passed the bell. The appellant opened the door of the room. P.I. Ashok Hari Khedkar P.W. 8 disclosed to her, his identity and the information received by them about the likelihood of narcotic drugs stored in the said room and expressed his intention to conduct her personal search and search of the room. She was also informed that P.I. Ashok Hari Khedkar P.W. 8 was a Gazetted Officer and she was entitled to be searched in his presence and if she required in the presence of a Magistrate. She declined the offer. Thereafter she was searched. In her hand bag two polythene bags containing pink coloured tablets with Swastik mark on one side and 'M' mark on the other were found. One of the bags was opened and some tablets were taken out. The powder was tested with the assistance of drug identification kit and showed presence of mandrex tablets. In all 1.175 kgs., of mandrtes tables were recovered from one of the bags and 36 capsules were recovered from the other bag. Some powder from the first capsule was taken out and was tested with the drug identification kit and was found to be positive for brown sugar. Thereafter the drugs recovered were sealed; signatures of the panchas were obtained on the packets in which they were sealed; and they along with the appellant and recovered articles proceeded to Azad Maidan unit of the narcotic cell.

3. The F.I.R. of the incident was lodged at about 7 p.m the same day by Nana Uttamrao Ahire P.W. 1 at the said unit. On its basis a case under section 8(c) read with section 21 of the N.D.P.S. Act was registered against the appellant.

4. The investigation was conducted in the usual manner by P.I. Ashok Hari Khedkar P.W. 8. During the course of it he sent the mandrex tablets and the brown sugar recovered from the appellant to the Chemical Analyser. He did not find the former to be mandrax but found the latter to be heroin.

After completing investigation P.I. Ashok Hari Khedkar P.W. 8 filed the complaint against the appellant.

The appellant was put up for trial in due course. She was charged for an offence under section 21

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