( 1 ) THIS appeal is filed under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgement and order dated 8/03/1999 passed by the learned Additional City Sessions Judge, Court No. 15, Ahmedabad in Sessions Case No. 208 of 1998, by which the appellant is convicted under Sections 8 (C) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`the 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 six months.

( 2 ) THE name of Mr. Mehul S. Shah was notified as the learned Advocate for the appellant, Mr. Shah produced a letter dated 16th March, 2002 addressed to the appellant, seeking his instructions as to whether he has to conduct the matter or the appellant wants to engage another advocate. Mr. Shah has also produced a xerox copy of a post card dated 25th March, 2002 addressed to him by the appellant. Mr. Shah submitted that as indicated in that post card, he has already handed over the papers to Mr. R. M. Agrawal, who may be permitted to address the Court. Both the letters are taken on record and Mr. Agrawal is permitted to make his submissions on behalf of the appellant.

( 3 ) THE facts giving rise to the present criminal appeal are as under :3. 1 on 27th May, 1998, at 10. 15 a. m. , Police Inspector (Narcotic Cell), Ahmedabad, received information from his informant that a person named Mahesh Patel wearing black T-shirt with linings and black pant, aged about 35 years, is selling packets of brown sugar near the gate of Municipal Garden. The officer, after verification of the information given by the informant, recorded it in the register kept in the office at 10. 30 a. m. Thereafter, he arranged for panchas and essential articles required for carrying out raid. A report about the information noted down in the register was made to the Superintendent of Police of Narcotic Cell. The members of the raiding party and the panchas were informed about the information received and a preliminary panchnama was drawn between 10. 45 a. m. to 11. 00 a. m. The raiding party and police officers proceeded in a Government Jeep from the office of the Narcotic cell and passing through Chamunda Bridge, Sukhramnagar Cross Roads, New Cotton Mill, reached Khokhara Circle, near Rokadiya Hanuman. The Government vehicle was stopped there and the raiding party with the Police Sub Inspector (PSI) and other police personnel arranged themselves for a watch at the gate of the Municipal Garden. During this watch, at about 11. 45 a. m. , from the direction of Rukmani Darwaja Hospital, a person answering the description given in the information was seen coming. He was stopped by the PSI, Gaekwad, and other members of the raiding party including Police Inspector (PI) and the panchas also reached on the spot. In the presence of the panchas, the accused was enquired of his name. In response to which, he disclosed his name to be Maheshbhai Laxmanbhai Patel, residing at 127/996, Gujarat Housing Board, Khokhara, Ahmedabad. The appellant, original accused (hereinafter referred to as the appellant), was informed in the presence of panchas that two Police Inspectors are the Gazetted Officers and that other persons are the members of the raiding party and panchas. He was also informed that the police party has information that he possesses brown sugar packets and, therefore, he is to be searched. He was also asked that if he would like the search to be carried out in the presence of any Gazetted Officer or a Magistrate, then the same may be arranged. He was also asked as to whether he would like to search the panchas and the members of the raiding party. The appellant, in the presence of the panchas, replied that he does not want his search to be carried out in the presence of any Gazetted Officer or a Magistrate and that he does not want to search the panchas or the members of the raiding party either. The appellant was given this informat