( 1 ) THE appellant came to be convicted by learned Additional City Sessions Judge, Court No. 10, Ahmedabad, for offences punishable under Section 8 (c) read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("ndps Act" for short), by virtue of a judgment and order pronounced on the 28th January, 1999, in Sessions Case No. 120 of 1998. The appellant was alleged to be found in possession of a rexin bag containing 3. 350 Kgs. of charas, at about 3. 00 P. M. on 19th January, 1998 and the Trial Court, having accepted the prosecution case, recorded conviction and sentenced the appellant to undergo rigorous imprisonment for 10 years and imposed a fine of Rs. 1 lakh and directed that, in the event of default in payment of fine, the appellant shall undergo further rigorous imprisonment for a period of one year. Aggrieved by the said judgment and order, the appellant has approached this Court with this appeal.

( 2 ) THE facts of the case, in brief, can be stated thus:2. 1 police Inspector, H. K. Chauhan, of Narcotic Cell, C. I. D. Crimes, Ahmedabad, received a secret information on 19th January, 1998, through an informer, that one Ushaben Pandit, aged about 40 to 42 years, with wheat colour complexion and wearing a maroon sweater and blue scarf is to pass by Idgah area at about 15. 00 hours with a plastic bag containing narcotics. The said P. I. , therefore, reduced this information into writing and made a report of the information to his superior. Thereafter, he summoned two Panch witnesses and explained to them that a watch is to be kept and a raid is to be conducted in connection with the suspected movement of narcotic drugs by a lady. After drawing a preliminary Panchnama, they went towards Shahibaug area, passing by Civil Hospital and Rajasthan Hospital and parked the vehicle in the lane of a hotel and arrranged a watch by scattering the raiding team. At about 15. 15 hours, a lady was found to be coming from the direction of Agrawal Hotel. She was, therefore, intercepted and her identity was sought. She was told that, before making search of her person or the plastic bag that she was carrying, she can opt to go before a Gazetted Officer or a Magistrate before whom search can be conducted, to which she denied. She was also given an option to take search of the members of the raiding party, to which also she denied. On taking search of the plastic bag carried by her, 12 lumps of brown colour were detected. The same were weighed through Head Constable Jadav and it was found that the gross weight of the 12 lumps was 3. 350 kgs. The lumps smelt of charas. A small piece was drawn from one of the lumps and was tested and was found to be charas. Thereafter, two samples of 25 grams each were drawn from one of the lumps and were put in a plastic bag and heat sealed. The remaining lumps were put in a blue bag and were heat sealed. That bag was again put into a yellow coloured bag and then into a plastic bag. The two samples of 25 grams each, which were drawn, were again packed and tied with thread on all four sides and were sealed with the seal of "p. I. , N. D. P. S. , S. G. S. , CID Crimes". A Seizure Memo was served on the lady, receipt of which was acknowledged by the accused by putting thumb impression. Ultimately, the samples were sent to F. S. L. and the F. S. L. opined that the samples were contraband charas. In the meantime, on finding of the contraband charas, the raiding Officer, H. K. Chauhan, lodged an F. I. R. and arrested the accused. After collecting the material in connection with the offence, charge sheet came to be filed against the accused, Sessions Case was registered and charge came to be framed at Ex. 1 in respect of the aforesaid offence of possessing contraband charas to the tune of 3. 350 kgs. , punishable under Section 8 (c) and 21 of the NDPS Act. 2. 2 the accused was undefended. She was not following Gujarati language. Therefore, legal aid was provided to the accused-appel