( 1 ) THE present appeal is directed against the order of conviction under Section 20 (b) (2) of the Narcotic Drugs and Psychotropic Substances Act and the sentence to each of the two accused in 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 september 21, 1988 in Sessions Case No. 92 of 1988.

( 2 ) THE facts of the case in short, are as under : 2. 1. 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 one Aslam 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 Shri Cehiot and Police Sub-Inspector Shri Vyas, Shri Sevale and Shri Valvi were 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 throug