Important PointWhere accused was more than 18 years of age, benefit of Section 33 NDPS Act could not be extended.

Judgment

Anant S. Dave, J.— This appeal by the present appellant-accused has been preferred being aggrieved by the judgment and order dated 19.08.1999 passed by the learned Addl. Sessions Judge, Court No. 10, Ahmedabad City, in Sessions Case No. 306 of 1998 whereby the appellant was convicted for the offence under Sections 8-C, 20-B and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the Act for Short) sentencing to suffer R.I. for ten years and to pay fine of Rs. 1.00 lakh and in default, to undergo further R.I. for one year.

2. The brief facts of the case are that on 04.08.1998 when P.I., Mr. M.B. Solanki, P.S.I., Mr. J.T. Chudasma and other police personnel of DCB Police Station, Ahmedabad City, were sitting in their office, Police Constable, Mr. Nasirkhan Hebatkhan, Buckle No. 5733, gave a secret information that one person named Ahmedkhan @ Babu, son of Mahmad Javadkhan Pathan, resident of Ajit Mill, having narcotic substance in pink colour packet is likely to come from Soni-ni-Chawl to pass through Gita Gowri Cinema towards Amraiwadi. Said information was reduced in writing by the concerned Police Officer and it was passed on to the superior officer in writing by making relevant entry in the station diary being Entry No. 9/98. Thereafter, two panchas were called and were made to understand the information received and the raid to be carried out. As they agreed to act as panchas, preliminary pan-chnama was drawn in the police sta-

tion which was signed by panchas and police officers. Thereafter, raiding party consisting of PSIs, Mr. Chudasma, B.T. Karoliya and Police Constables, Nasirkhan Hebatkhan and Pratapsinh Sardarsinh and other persons proceeded in Government vehicles and kept a vigil at the place of information. On arrival of accused, he was identified by Nasirkhan Hebatkhan and when he was coming towards their direction, he was stopped and his name was asked. As he told his name as Ahmedkhan @ Babu, son of Mahmad Javadkhan Pathan, he was informed that based on the information received by them they wanted to carry out search on him and therefore, he was asked to exercise his option to carry out search in presence of Magistrate or Gazetted Officer to which, he denied and the raiding party was permitted to carry out search. Upon the search being carried out on his person from the pink colour cloth bag in his hand, contraband article of charas in 13 packets were found and after preliminary examination, Officer of FSL was called on the spot and also directed Police Constable, Nasirkhan to call the weighing person. FSL expert on verification opined the muddamal to be of charas. The muddamal was found to be weighing 2 kg. and 800 gms. Two samples weighing 50 gms. each were taken separately and were placed in separate tins. Rest of the muddamal was also placed in another big tin by affixing the slip signed by panchas and police officers and was properly sealed. Thereafter, complaint was filed by the complainant, Mr. Chudasma on behalf of the State and thereafter, the complaint, panchnama, muddamal, primary FSL report together with the accused were sent to concerned Police Station for registering the offence where it was registered as DCB Police Station Prohi. C.R. No. 5018 of 1998 against the accused for the offence under Sections 8-C, 21, 22, 29 etc. of the Act. Thereafter, investigation was handed over to Devendragiri Himmatgiri and muddamal was handed over to Crime Writer Head who made entry in Anamat Register by taking the muddamal in custody. Simultaneously further investigation was started by Devendragiri. On receiving the FSL report, it was tied with the investigation papers. During the course of investigation, muddamal was sent to FSL and at the end of investigation, charge-sheet was submitted against the accused. When accused appeared before the concerned Court, charge was framed against the accused for the offences punishable under Sections 8-C, 20-B, 21, 22 and 29 of the Act. Accused pleaded no