1. These Appeals are preferred by original accused Nos. 1 to 3 against the order passed by the Special Judge for NDPS Cases, Greater Bombay, in NDPS Special Case NO.50/2005 whereby the accused persons were convicted for the offences punishable under Section 29 read with Section 8(c) and Section 21(c) of the NDPS Act and sentenced to undergo R.I. for ten years and to pay fine of Rs. 1 lakh each and in default to pay fine, to undergo further R.I. for six months.

2. Prosecution case, in brief, is that on 28/11/2004, the Intelligence Officer PW-1 Jitendra Dubey attached to Narcotic Control Bureau of Customs Department and his colleagues Vipin Nair and P.C.Namboodiri received information that one person viz. Iqbal from Bhavani Mandi, Madhya Pradesh was likely to arrive at the Naka of Main Road at Rafi Ahmed Kidwai Marg, outside the Railway Gate No.4, Wadala, Mumbai, around 9.15 to 9.30 a.m., along with his associate, for delivery of 2 kg. of heroin to one Ansar Ali, who would be wearing white shirt and white dhoti. Immediately, the information was typed on the computer, at about 8 a.m. As the intelligence note Exhibit 13, which was signed by all these three officers and was placed before their superior PW-7 Ajit Patil, who was the Superintendent of NCB. PW-7 Ajit Patil also endorsed and signed the said information and immediately placed the same before his superior Mrs. Alka Tyagi, who was the Zonal Director of NCB. She also endorsed and signed the said intelligence note and approved action of surveillance. Immediately after that a team consisting of PW-1 Jitendra Dubey, PW-3 Henry, PW-7 Ajit Patil and other officers namely, Kedare, Poojari, Nair, Namboodiri and Sepoy Darekar was formed. The said team proceeded and reached the spot at about 9 to 9.15 a.m. Two persons were called to act as panch witnesses and they were also informed about the information and purpose of raid. The members of this team kept a watch for about 15 minutes, when one person wearing white shirt and white dhoti came at the spot with a polythene carry bag in his hand. He was accused No.3 – Ansar Ali. At about 9.45 a.m. two more persons, who are identified as accused No.1 Iqbal Shaikh and accused No.2 Abdul Rashid, approached the accused No.3 Ansar Ali. Accused No.2 Abdul Rashid was carrying a black coloured hand bag. He handed over the said black coloured hand bag to the accused No.

3. Immediately, all these three accused persons were surrounded by the members of the raiding party and were apprehended. The accused persons disclosed their names and the place of residence. Accused No.1 Iqbal Shaikh disclosed that he was resident of Bhavani Mandi and accused No.2 Abdul Rashid, who was holding the black coloured hand bag when he came there, disclosed that he was resident of Mandsour in Madhya Pradesh, while accused No.3 Ansar Ali disclosed that he was resident of Calcutta. All these three accused persons were taken to the vehicle of the NCB which was parked at the spot. Before taking their personal search, the officers of NCB informed each of the three accused individually that they had right to be searched before the Gazetted Officer or Magistrate, but they declined. Thereafter, PW-3 Henry took personal search of accused No.1 Iqbal Shaikh and accused No.2 Abdul Rashid. However, no contraband was found from their person. During personal search of accused No.1 some cash, a mobile phone and railway ticket were found. The cash amount was returned to him. During personal search of accused No.2, a railway ticket and an election card were found. During personal search of accused No.3 as well as during search of the bag which was with accused No.3 since beginning, only personal belongings and some cash were found. Thereafter, the black coloured hand bag was searched. It contained some personal belongings of accused No.2 Abdul Rashid and one heat-sealed polythene packet containing brown powder. On enquiry, accused Nos. 1 and 2 informed that the said powder was he