( 1 ) THE appellant Mohmadkhan (Mahmudkhan) Rasulkhan pathan has brought under challenge his conviction under S. 20 (b) (1) of the narcotic Drugs and Psychotropic Substances Act, 1985 (of short n. D. P. S. Act) and S. 66 (1) (b) of the Bombay Prohibition Act, 1949 and his sentence of rigorous imprisonment for a period of ten years and fine in the sum of Rs. 1,00,000. 00, in default to undergo rigorous imprisonment for one year rendered by the learned additional City Sessions Judge, by his impugned judgment and order dated 4-1-1991 in Sessions Case No. 25 of 1990.

( 2 ) IT is the prosecution case that pursuant to secret information received by the complainant Mr. A. S. Saiyed, Inspector, Customs (Preventive), Ahmedabad on 22- 8-1989 the proceedings were undertaken. Mr. Saiyed reduced the information into writing, placed it in a sealed cover and delivered the same to the Superintendent of Customs, Mr. P. D. Nair. Both of them then went to the Assistant Collector (Preventive) Mr. Thakur and handed over the sealed cover to him. According to Mr. Saiyed one D. R. I. Form (I) was also filled in which was scrutinised by the Assistant collector. Two Customs Inspectors Mr. Ba