JUDGMENT

S.M. Soni, J. - The appellants original accused in Sessions Case No. 141/1990 who are held guilty under Sec. 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act" for short) and awarded rigorous imprisonment for 10 years and fine of Rs. 1.00,000/-, in default rigorous imprisonment for three years by judgment and order dated 27th December, 1990 passed by the additional Sessions Judge Vadodara have assailed that judgment in this Appeal.

2. Facts which led to the prosecution of the accused are as under:

On 22nd June, 1990 when complainant of this case PSI Shri Puvar, PI Shri Rana and some police personnel’s were present in DCP Police Station they received information through their informant that two persons are to go with opium from Railway Station to Harni village via Salatwada on scooter bearing No. GJ -6 5147. PSI Shri Puvar called two Panchas and on informing them about the information drew preliminary Panchnama as they agreed to act as Panchas. They then went in a private vehicle to intercept that scooter. PSI Puvar before that made an entry of the said information in station diary and also gave a reasoned report to PSO who entered the same as Janat