( 1 ) ORIGINAL accused Nos. 1 and 2 have preferred this appeal against the order of conviction recorded by the learned Additional Sessions Judge, Jamnagar, on 05. 08. 1996, in Sessions Case No. 9 of 1995. By the said order, accused No. 1 was held guilty for an offence punishable under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("ndps Act" for short) and for an offence punishable under Section 22 of the NDPS Act. Accused No. 2 was held guilty for an offence punishable under Section 20 (b) (ii) of the NDPS Act. The Trial Court sentenced accused No. 1 to undergo R. I. for a period of 10 years and to pay a fine of Rs. 1 lakh (in default of payment of fine, to undergo simple imprisonment for five years) for the offence punishable under Section 20 (b) (ii) of the NDPS Act and rigorous imprisonment for 10 years and a fine of Rs. 1 lakh (in default of payment of fine, to undergo simple imprisonment for five years) for the offence punishable under Section 22 of the NDPS Act. The Trial Court directed that both the sentences shall run concurrently. So far as accused No. 2 is concerned, the Trial Court sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 1 lakh (in default of payment of fine, to undergo simple imprisonment for five years) for the offence punishable under Section 20 (b) (ii) of the NDPS Act.

( 2 ) THE facts of the case, in a nutshell, are as follows :-2. 1 vide Ex. 40, Vikramsinh Jadeja, Police Sub-Inspector, Task Force, Jamnagar (P. W. 10), lodged a First Information Report, inter alia, indicating that, at about 13. 13 hours on 6. 11. 1994, when he along with his staff members was in office, Constable Sarayusinh Chauhan (P. W. 1) received an information from his informant that in the building known as Mujahid Manzil, on Abdul Rahim Street, near Landhawad Slope, Abdul Kadar Jusub Sandhi alias Kadar Kati (original accused No. 1) and his associate Jafarbin Kasam Arab (original accused No. 2) are dealing in contraband substances which are punishable under the NDPS Act. The Police Constable also received an information that certain quantity of Charas and Ganja are lying in the house mentioned hereinabove. The Police Constable-Sarayusinh (P. W. 1) recorded the information in writing and submitted a written report. The Police Inspector-B. K. Charan, Superior Officer was also informed and report was made in this behalf. Dy. Superintendent of Police and District Superintendent of Police, Jamnagar, were also informed on telephone as well as in writing. Thereafter, in the Police Station Diary, at about 14. 00 hours, entry was also made. Services of two Panchas, namely, Kirtikumar M. Pandya (P. W. 3) and Anirudhsinh P. Bhatt (P. W. 4) were solicited. They were informed about the illegal sale of contraband articles carried on by the accused and the preliminary Panchnama to this effect was drawn in detail vide Ex. 20. Thereafter, in the Government vehicle, members of the raiding party and Panchas moved towards the site. Over and above Police Inspector, there were other officers. When they came near Abdul Rahim Street, the vehicle was stopped and on foot they reached Mujahid Manzil. In one room of the house, two persons were carrying on some activities. Near them, there was one tin and some plastic bags and both the persons were busy in their activities. On giving a shout in the name of Abdul Kadar Jusub, both the persons got up and, on questioning, they disclosed their names, which we have referred and gave their addresses. The Police Officer gave introduction and the Police Inspector stated that he is Inspector of Police and a Gazetted Officer. He inquired of the accused whether they want to be searched in presence of any other Gazetted officer or Magistrate, to which the accused stated that they would be satisfied, if they are searched by the Police. In a room, there was one tin. It contained Ganja. The Police and the Panchas were satisfied that it was contraba