( 1 ) THESE Criminal Appeals arise out of a common judgment and order rendered by learned Additional City Sessions Judge, Court No. 10, Ahmedabad, in Sessions Cases No. 236 of 1994, 72 of 1995, 297 of 1995 and 160 of 1996 on May 14, 1998, recording conviction under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("ndps Act" for short ). As the Sessions Cases arose out of the same incident and transaction, they were tried together. Likewise, as these appeals arise out of the same judgment and order, they are tagged and heard together and are disposed of by this common judgment. 1. 1 criminal Appeal No. 664 of 1998 is preferred by Shantilal Haridas Patel alias Katori, who was accused No. 1 before the Trial Court. 1. 2 criminal Appeal No. 692 of 1998 is preferred by Haji Suleman Khafi, Dinesh Alabhai Dhruv alias Diniyo, Jusab Razak Ali Sidi alias Dado, Khemraj Amrabhai Gadhvi and Gafar Suleman Khafi, who were original accused Nos. 2, 3, 4, 5 and 10, respectively. 1. 3 criminal Appeal No. 634 of 1998 is preferred by Sidu Husen Sida and Chhagan Haribhai Kuchhadia alias Langdo, where were accused Nos. 6 and 8, respectively. 1. 4 criminal Appeal No. 624 of 1998 is preferred by Chandrakant Ishwarlal Acharya, who was accused No. 7 before the Trial Court. 1. 5 criminal Appeal No. 610 of 1998 is preferred by Surendra Kathadbhai Jebalia, who was accused No. 9 before the Trial Court.

( 2 ) THE appellant in Criminal Appeal No. 664 of 1998 is represented by learned Advocate, Mr. Y. F. Mehta; the appellants in Criminal Appeal No. 692 of 1998 are represented by learned Advocate, Mr. H. N. Jhala; the appellants in Criminal Appeal No. 634 of 1998 are represented by learned Advocate, Mr. B. B. Naik; the appellant in Criminal Appeal No. 624 of 1998 is represented by learned Advocate, Mr. M. B. Ahuja; and the appellant in Criminal Appeal No. 610 of 1998 is represented by learned Advocate, Mr. S. V. Raju. 2. 1 directorate of Revenue Intelligence is represented by learned Additional Central Government Standing Counsel, Mr. Asim Pandya, whereas the State of Gujarat is represented by learned Additional Public Prosecutor, Mr. S. S. Patel.

( 3 ) ON basis of intelligence collected and developed by the officers of the Directorate of Revenue Intelligence, Ahmedabad ("d. R. I. " for short), a watch was organized in Junagadh district and on interception of trucks bearing No. GJ-3-U-4022 and GJ-10-T-8517 in the early morning hours of 11. 5. 1994, a large quantity of methaqualone tablets (5225. 300 kg. approximately), commonly known as "mandrax", was seized, which has, ultimately, led to prosecution and conviction. 3. 1 as per the prosecution case, an Intelligence was received on 8. 5. 1994 by the officers of Ahmedabad office of D. R. I. to the effect that one Haji Ismail Shumbhania of Salaya, then residing at Dubai, was attempting to export about one and a half truck load of mandrax tablets. The consignment of mandrax tablets was, at that time, stored at some Wadi situate somewhere near Junagadh. The safety, storage and transport of the consignment was managed by Chhagan Haribhai Kuchhadia alias Chhagan Langdo, a known smuggler of Probandar, Chandrakant Ishwarlal Acharya, another known smuggler of Ahmedabad, Batuk Bapu, a well-known figure in Junagadh transport circle and his brother-Surendra Bapu of Junagadh. The Intelligence further revealed that the consignment was to be transported from Junagadh area to Mangalore on the 9th or 10th May, 1994 in two trucks bearing registration No. GJ-3-U-4022 and GJ-1-T-8517. The said trucks were to be provided by Ali Suleman Khafi and Haji Suleman Khafi of Jamnagar. The trucks were to be manned by Jusab Razak Ali Sidi alias Dado and Dinesh Alabhai Dhruv alias Diniyo, the two trusted men of Ali Suleman Khafi. The cargo was likely to be covered with consignment of garlic to be purchased from the local market. The said information received by the officers of D. R. I. , Ahmedabad, was r