K. R. VYAS, RAVI R. TRIPATHI, J.

( 1 ) THIS appeal is filed under Section 374 (2) of the Code of Criminal Procedure against the judgement and order dated 24/12/1997 rendered by the learned Special Judge, Surat, in Sessions Case No. 289 of 1996, by which the appellants are convicted under Sections 8, 9, 10, 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`ndps Act for short) and punished with R. I. for 10 years and a fine of Rs. 1 lac (Rupees One lac Only), in default to undergo R. I. for one year.

( 2 ) ON 13/08/1996, Shri H. S. Ninama was serving as a Police Inspector at Salabatpura Police Station; when he was present in the Police Station, at about 3. 30 p. m. , he received an information that at `akbar Sayeed-Na-Tekra, a person named Akilkhan Mehboobkhan Pathan and Merazbibi Jalilkhan Rehmankhan Pathan are possessing contraband substance, brown sugar, and are selling the same. Akilkhan procures the supply of brown sugar and Merazbibi assists in getting customers for the same. At present, they have received supply of brown sugar and that they have gone out and after coming back, they are likely to dispose of the same. Therefore, it was decided to take immediate steps. The said information was taken down in writing and an entry was made in the Station Diary, being Entry No. 20/1996, at 3. 35 p. m. An intimation of this information was sent in a sealed cover to the Deputy Commissioner of Police (North Division ). Thereafter, two police personnel, namely, Shantaram Baburao and Vasant Eknath, were sent for verification of the said information, who, on return, informed that the information was correct and that the accused are to return to `akbar-Sayeed-Na-Tekra and, therefore, immediate action is required. Therefore, Police Sub Inspector-Shri Jhabha, Police Sub Inspector Shri N. N. Chaudhary, Police Jamadar-Shri Vasantbhai, Shantarambhai, Babubhai, Laxmanlal, etc. , were called. Jamadar-Babubhai was asked to call the panch witnesses. He called two persons, namely, Abdul Usman Gani and Jaswantbhai Lalawala, as panch witnesses. After having obtained consent of the panchas, requisite material for sealing, packing, batteries for light, etc. and showing the same to the panchas was taken and the same was kept in a tin box, the same was handed over to Shri Chaudhary. The panchas and the police personnel searched each other and did not find any objectionable. Thereafter, an entry was made in the Station Diary about starting for the raid, being Entry No. 21 of 1996. Copies of the said entry and the statements of constable Vasant Eknath and Shantaram Baburao were also sent to the Deputy Commissioner of Police for information. A preliminary panchnama was drawn and signatures of both the panchas were obtained. Thereafter, in the Government Jeep and two rickshaws, which were also searched by the panchas and nothing objectionable was found, parties started for raid via Bardoli Pitha, Reshamvad. The jeep was stopped near Rustampura Chowky, under a banyan tree. The jeep was sent to Rustampura Chowky. Thereafter, the panchas and the police personnel were explained that Akilkhan Pathan is wearing a white-lining shirt and a black colour pant, while Merazbibi is wearing yellow colour punjabi with a pink colour "odhani". The police personnel were positioned in the surrounding area. They were told that no sooner a signal is given, persons with the aforesaid description of clothes be surrounded. The signal was also explained to the police personnel. The two panchas with the Police Inspector had remained near the banyan tree. After about 45 minutes, a rickshaw came from `della Mohalla and the persons answering the aforesaid description alighted from the rickshaw; they were identified as accused; a signal was given; both the persons were stopped at a little distance. On enquiring their name, the man disclosed his name to be Akilkhan Mehboobkhan Pathan and the woman disclosed her name to be Merazbibi Jalilkhan Rehmankhan Pathan. They

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