JUDGMENT - S.S. PARKAR, J.:---By this appeal the order of convictions and sentences recorded against the appellant by the Special Judge, Greater Bombay, on 29th August, 1994, convicting and sentencing him under the provisions of NDPS Act, in NDPS Special Case No. 746 of 1991 has been challenged.

2. Briefly , the prosecution case is as follows:

On the night of 22nd September, 1991 Intelligence Officer of NCB, P.W. 1 Shahasane received information that the appellant-accused, a South African National, was scheduled to leave Bombay for Osaka by Zambian Airways flight No. QZ-081 on 23-9-1991 at 1.15 hours and likely to carry mandrax tablets concealed in his baggage. The said information was reduced to writing by him. It was signed by the informant and countersigned by P.W. 1 Shahasane and kept in a sealed envelope. P.W. 1 discussed the matter with Deputy Director Mr. Kakkar on telephone, who asked him to take action. Thereafter, P.W. 1 went to Departure Module-II near baggage X-ray machine operated by the Air India and kept surveillance. At about 1.45 a.m. accused came with two suitcases in his hands towards x-ray machine. P.W. 1 stopped the accused and asked him his name and other particulars. As the name of the person was same as per the information, P.W. 1 with the help of Junior Security Assistant present at the baggage x-ray machine called two panchas and told them that search of the appellant was to be taken. The appellant was asked to produce his travel documents. The appellant produced his passport and two air tickets. He was then asked to get his two suitcases, one of maroon colour and another of dark brown colour, screened on the x-ray machine. Mr. Prabhu, Junior Security Assistant, examined as P.W. 3, noticed concealment of tablets in both the suitcases. Thereafter, the accused was taken to nearby security office room along with his baggage and panchas. Accused was asked to open his suitcases. The maroon colour suitcase was having combination lock which was opened by the accused after adjusting the numbers. Apart from the personal effects of the accused, a false bottom to the said suitcase was noticed in which 15 polythene packets containing off-white colour tablets were found. Then the other suitcase of dark brown colour was opened by the accused after adjusting the combination lock and opening the other lock with a key. This suitcase also had false bottom and when the same was opened, besides the clothes 20 polythene bags were found containing tablets with marking "M" and "Swastik" on one side and R/L on the other side. The tablets from both the suitcases when tested with field testing kit, answered positive for methaqualone. Fifteen polythene packets with tablets found in maroon colour suitcase weighed 7½ Kgs. and the weight of twenty polythene packets with tablets recovered from brown colour suitcase was 9½ Kgs. Thus, total weight of the contraband was 17 Kgs.

3. P.W. 1 then took out few tablets from both the suitcases and drew two mixed representative samples of 10 gms. each and put them in two separate small polythene packets and sealed them after heating. Those polythene packets were put in other two separate envelopes. The said envelopes were closed, packed and sealed with NCB Seal No. 03. The signatures of both the panchas and of the accused were obtained on the sealed packets. Remaining quantity of tablets was put into a bigger polythene bag and put in a carton which was packed and sealed and label bearing signatures of panchas and the accused was pasted. The two suitcases were also sealed with NCB Seal No. 03 with label bearing signatures of panchas and accused pasted on them. On the search of the person of the accused his travelling documents were found which were taken charge of and signatures of panchas and the accused were obtained on them. The key, which was used for opening the suitcase was also seized and put in a separate envelope. The envelope was closed and sealed and the signatures of the panchas

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