JUDGMENT

B.S. Kapadia, J.- The present appeal is directed against the order of conviction under Section 20(b)(II) of the Narcotic Drugs and Psychotropic Substances Act and the sentence to each of the two accused is R. I. for 10 years and fine of Rs. 1,00,000/- and in default to pay fine, further R.I. for six months passed by the learned Addl. Sessions Judge, Surat on Sept. 21, 1988 in Sessions Case No. 92 of 1988.

2. The facts of the case in short are under

3. On February, 23, 1988 when Police Inspector, Shri. V.N. Desai, was in his D.C.B. Office, he received secret information to the effect that on As1am Ibrahim residing at Chowk Bazar, Madariwad, was doing business of Charas and that, on that day, in the evening, a big quantity was to be received. At that time, Deputy Commissioner of Police and Shri Gahlot and Police Sub-Inspectors Shri Vyas, Shri Sevale and Shri Valvi where also present. Accordingly, two Panchas were called and they were also made to understand about the raid, and they went in rickshaw to Chowk Bazar and were separately keeping watch. At about 23.15 hours both the present appellants came from Saiyadpura Four Roads and they were coming towards Madariwad through t