SHIV NARAYAN DHINGRA, J.

( 1 ) THIS appeal has been preferred by the appellant, challenging the judgment dated 31st January, 2002 of the Special Judge, narcotic Drugs and Psychotropic Substances act ( in short 'the NDPS Act') whereby the learned Special Judge found the appellant guilty of offence under Section 21 (c) of the ndps Act and against the order on sentence dated 4th February, 2002 whereby the appellant was sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1 lac and in default, the appellant to further undergo Simple Imprisonment for six months.

( 2 ) BRIEF facts relevant for purposes of deciding this appeal are as under. The Assistant director, Narcotic Control Bureau (NCB) Mr. S. Sharma received a secret information, which he reduced into writing (Ex. PW1/b) on 25. 3. 1998, that one woman named Siddika would be reaching outside Zoological Garden, mathura Road at around 2 pm to deliver a consignment of 5 kg of heroin. He, thereafter, put up this information before his immediate superior officer, Deputy Director Mr. Mukesh khullar, who directed him to organize a surveillance and take action on the basis of information. Mr. Shrama instructed Sh. D. C. Mishra, Superintendent, NCB to organize a team and reach the Zoo and mount surveillance. Mr. D. C. Mishra constituted a team consisting of himself, Lady Intelligence officer Ms. Suman Kumari and 3-4 other officials of NCB and reached the gate of zoological Garden and mounted surveillance. At around 2. 30 pm a lady, as per the description given in the secret information, was seen standing outside the Zoo, having a black leather bag and white polythene bag in her hands. She waited for about half an hour and then took an Auto Richshaw and started moving towards the Delhi Public School, mathura Road. The NCB Team followed that auto rickshaw and intercepted it near Sunder nagar. The auto rickshaw with passenger was taken to nearby taxi stand. The auto driver and one independent witness from the taxi stand were associated in the proceedings and the NCB officials disclosed their identity to the appellant and disclosed about the information with them and told her that if she wished to get herself searched before a gazetted Officer or a Magistrate, the same would be arranged. A notice under Section 50 of the NDPS Act, Ex. PW1/c, was served upon her by the Lady Officer Ms. Suman kumari. The appellant, however, stated that she could be searched without a Gazetted officer. Her personal search did not result into the recovery of any contraband. However, the leather bag and polythene, carried by her, were also searched, while nothing incriminating was recovered from the leather bag, the polythene carried by her contained light-brown/brown coloured powder in 5 polythene bags, kept below some clothes. The appellant confessed that the packets contained heroin. The contents of the packets were tested with help of Field testing Kit on the spot and packets tested positive for heroin. The packets were weighed and each packet weighed 1 kg. Two samples of 5 gms were drawn from each of the packet. A Panchnama Ex. Pw1/d was prepared about the recovery. The packets and the samples were sealed with paper slips bearing the signatures of the Panch witnesses and of Ms. Suman Kumari and Mr. D. C. Mishra. The seals were affixed in such a manner, on all corners of the envelops, that the property could not be taken out without destroying the seals. The samples were marked as A1, A2, B1, B2, c1, C2, D1, D2 and E1, E2, while the packets containing the brown powder were marked as A to E. The seals affixed on the samples and the case property was also affixed on the panchnama. The case property along with the appellant was brought to the NCB Office, where the appellant made a disclosure statement under Section 67 of the NDPS act. The case property and the samples were deposited in Malkhana on the very same day. A report Ex. PW1/5 under Section 57 of the NDPS Act was sent by an