( 1 ) THE appellant who was an accused in Sessions Case no. 358 of 1995 before the learned Additional City Sessions Judge, Court No. 9, Ahmedabad, has, by preferring this appeal under Sec. 374 (2) of the Criminal procedure Code, 1973 (for short "cr. P. C. ") read with Sec. 36b of the Narcotic drugs and Psychotropic Substances Act, 1985 (for short the "n. D. P. S. Act"), challenged the correctness and legality and validity of judgment Exh. 52 dated 11th September, 1997 rendered in Sessions Case No. 358 of 1995 by which the appellant has been convicted of the offences punishable under Sec. 120b of the Indian Penal Code and also under Sec. 20 (b) (ii) read with Sec. 29 of the N. D. P. S. Act and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine, to undergo further Rigorous Imprisonment for one year for the offence committed by him under Sec. 20 (b) of the N. D. P. S. Act. The learned Judge of the trial court has not inflicted any separate sentence for the offences punishable under sec. 120b of the Indian Penal Code and under Sec. 29 of the N. D. P. S. Act.

( 2 ) THE facts leading to the present appeal in a nutshell are as follows :-2. 1 In the month of July, 1995, P. W. I Omprakash Nankaram Khober, a senior Intelligence Officer, was performing his duties in the Directorate of revenue Intelligence, Delhi Zonal Unit, New Delhi, (for short "d. R. I. " ). On or about 10th July, 1995 at about 11-00 a. m. , he was present and on duty in his office, and at that time, he was doing his office work. One person from public came to him and gave an information. He reduced that information into writing in one prescribed form D. R. I.-I. Thereafter, first he contacted his Senior officer, Mr. Amitabh, Assistant Director, D. R. I, and informed him about the information which he received. In token of information for which his Senior officer was informed, Mr. Amitabh signed that information which was reduced into writing. On the basis of information which Mr. Omprakash received and which he reduced into writing, his Superior Officer gave certain directions. Mr. Omprakash left Delhi for Ahmedabad for making an inquiry in connection with that information. He arrived at Ahmedabad in the evening on 11-7-1995. He started making inquiry in connection with that information. He organized a watch of persons of his department, on the house situated in Mirzapur, Ahmedabad. On 17-7-1995, he came to know that delivery of Charas had already been effected and that contraband article has now been kept somewhere in Juhapura area, ahmedabad. Thereafter, he informed Mr. R. K. Singla, Deputy Director of d. R. I. Ahmedabad Zone, Ahmedabad. Mr. Singla informed him to come at his office on 18-7-1995. 2. 2 At about 8-00 a. m. on 18-7-1995, Mr. Omprakash in company of officers of his Department went to the Office of Mr. Singla. Mr. Singla called one Mr. Rao, Assistant Director and asked him to proceed further in connection with the information which has been brought by Mr. Omprakash that Charas has been kept in the house of Usmanbhai (present appellant) in Juhapura area, ahmedabad. Mr. Omprakash in company of P. W. 3 Baljitsing Bakshi, Senior intelligence Officer of D. R. I. Ahmedabad Office and other Officers of D. R. I. of Ahmedabad Office went to Juhapura area. They also took with them police personnel of local police. They went to House Nos. J-186 and J-187 of Sanklit nagar, Juhapura, Ahmedabad. Mr. Bakshi was a leading officer of the raiding party. He had called two independent persons who can act as panch witnesses. Mr. Bakshi informed panch witnesses that he had a reliable information that charas was stored in said two houses. He also told that he was a Gazetted officer of the Department. He requested that two persons to witness the search in the aforesaid two houses. They agreed and accompanied them. 2. 3 Keeping the police officers out of the compound, the officers of D. I. R. D