R.G. Ketkar, J.

1. This confirmation case as also the Criminal Appeal No.528 of 2008 arise out of the judgment and order dated 03.08.2011 passed by the Special Court (under the N.D.P.S.Act), Greater Mumbai, in N.D.P.S.Case No.60 of 2002.

2. By that order, the learned Sessions Judge found Gulam Mohammad Malik (hereinafter referred to as ‘Accused No.1’) guilty for having committed offence under section 8 (c) punishable under section 20(b) (ii) punishable under section 31- A of the Narcotics and Psychotropic Substances Act, 1985 (for short the ‘Act’) - for having been previously convicted for the offence punishable under section 8 (c) read with Section 20(b) vide Sessions Case No.01/2002 by the Additional Sessions Judge, Sabarkantha, Himmatnagar, Gujarat State. Consequently, the Special Court sentenced the Accused No.1 to death and ordered that he shall be hanged by neck till death. The execution of the sentence is subject to the confirmation of this Court. The Special Court came to the conclusion that no offence against Accused No.1 is proved under section 29 of the Act and accordingly, acquitted him of the offence punishable under section 29 read with section 8(c) and 20(b) (ii) of the Act.

3. The Special Court however acquitted Gurudev Singh Vora (hereinafter referred as ‘Accused No.2’) of the offence punishable under section 25 read with section 20 (b) (ii) and 8(c) of the Act.

4. The relevant and material facts that are necessary for disposal of the present proceedings are as under:-

5. The Zonal Director of Narcotics Control Bureau (for short ‘NCB’) Mumbai had received a letter dated 13.01.2002 (Exhibit 45) from the Zonal Director, NCB, Ahmadabad, setting out therein that on the basis of specific information, the officers of his Unit had intercepted the truck near Shamlaji border. The driver of the truck abandoned the truck and ran away in darkness at about 7.45 p.m., on 12.01.2002. After couple of hours, the truck was brought to his office. As a result of search, 45 packets of Hashish (charas) weighing about 142 kg.was found hidden in the secret cavity of the cabin. As per the visiting card found with R.C.Book, out of 45 packets, 12 packets were supposed to be delivered to Accused No.1 whose telephone number was 3726970 (Res.) and 9820495399 (Mobile), and 18 packets (55 kg.) were supposed to be delivered to one Farukh whose mobile number 9820326450 was also written on the said visiting card. Request was therefore made for keeping the surveillance on the above two suspect drug traffickers and whenever found, they may be detained and his office may be informed accordingly for further action.

6. On the basis of the information received, PW6 K.J.Sanchis directed PW2 Mohammad Shafi Ahmed Khan to keep discreet surveillance for monitoring the activities of the suspect persons and when available to apprehend them. On the backdrop of the above information, in compliance of section 42 of the Act, a note dated 13.02.2002 (Exh.52) was prepared by PW3 Namboodri, wherein it was set out that the intelligence received from the reliable sources indicated that Accused No.1, resident of Room No.6, Second Floor, Haroon Manzil, Plot No.149, Imamwada Road, Mumbai 400 009, is in possession of a substantial quantity of Hashish, a narcotic drug in his residential premises. The telephone No.3726970 is installed in the said premises which is occupied by Accused No.1 on rental basis. The substantial quantity of Hashish which Accused No.1 has in his residence, is likely to be removed in the morning of 14.02.2002 by him and will be disposed of. Intelligence received further indicated that Accused No.1 procures substantial quantities of Hashish from Kashmir and brings it concealed in the consignment of perishable items like fruits etc., coming from Kashmir to Mumbai and distributes the same locally. Intelligence received further indicated that Accused No.1 is the same Gulam Mohammad, who is connected with seizure case of 142 Kg.Hashish whic