( 1 ) PRESENT appeal filed under Section 374 (2) of the Code of Criminal Procedure, 1973, questions legality of judgment dated January 19, 2000, rendered by the learned Special Judge and Additional Sessions Judge, Mehsana Camp at Patan, in special N. D. P. S. Case No. 2 of 1999, by which the appellant is convicted under sections 15, 20, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to suffer R. I. for ten years and fine of rs. 1 Lakh, in default, S. I. for three years, for each of the offences.

( 2 ) THE short facts giving rise to the present appeal are as under : mr. Dashrathsinh Joravarsinh Vaghela, Police Sub-Inspector, Rapid Response Cell, gandhinagar, received an information on 8. 10. 1998 that person named Navinkumar alias Shambhuprasad alias Shambhu-maharaj Chimanlal Vyas, residing at Rangfali rudra Mahalay, near Rudra Mahalay Sidhpur, was dealing in ganja/charas etc. On receipt of the information, he reduced the same into writing. He went to Sidhpur rest House and requisitioned services of two panch witnesses and returned to sidhpur Police Station. The first part of panchnama was drawn at Sidhpur Rest house. Thereafter, the raiding party along with panch-witnesses went to the place mentioned in the information received by Mr. D. J. Vaghela in a government vehicle. On reaching the place situated in Rangfali, Rudra-mahalay Maholla, PSI mr. Vaghela called out name of the appellant, as a result of which, one person came down from first floor of the house. He was interrogated by PSI Mr. Vaghela and on being asked, the person stated that his name was Navinkumar alia shambhuprasad alias Shambhu-maharaj Chimanlal Vyas (i. e. the appellant ). PSI mr. Vaghela introduced himself to the appellant and informed the appellant that an information was received that he was dealing in charas and ganja and, therefore, it was necessary to search his house. The panch-witnesses, who were members of the raiding party, were also introduced to the appellant. Before effecting search of the house of the appellant, Mr. Vaghela offered the appellant to search his house in presence of a Magistrate or a Gazetted Officer, but the said offer was declined by the appellant. Thereupon, the house belonging to the appellant, consisting of three rooms, was searched, which resulted into find of ganja, charas, poppy husk and 22 packets of Madhu-Munakka tablets containing psychotropic substance, namely, Tetrahydroc Anna Bional. Mr. Vaghela demanded from the appellant pass or permit authorising him to possess ganja, charas and psychotropic substance, but none could be produced by the appellant. Samples of 250 grams of ganja, 250 grams of poppy husk, 20 grams of charas, and the tablets of madhu-munakka, were drawn and sealed to be sent to F. S. L. for detailed analysis. The second part of panchnama was drawn. The samples were sent to f. S. L. for the purpose of detailed analysis. The appellant and his wife, who was also present in the house were arrested. PSI Mr. Dasharathsinh J. Vaghela lodged complaint against the appellant and his wife, and forwarded his complaint, muddamals, panchnama etc. with the accused to Police Inspector, Sidhpur Town police Station. Necessary investigation into complaint of Mr. Vaghela was made by mr. Nanjibhai Surjibhai Ninama of Sidhpur Police Station. On receipt of the report from F. S. L. , which indicated that the substances seized from the possession of the appellant were narcotic drugs and psychotropic substance within the meaning of the Act, the investigating officer submitted charge-sheet in the Court of learned Special Judge, Mehsana, on the basis of which Special n. D. P. S. Case No. 2 of 1999 was registered against the accused.

( 3 ) THE learned Special Judge framed charge against the two accused at Exh. 18 for commission of offences punishable under Sections 15, 20 (b), 21 and 22 of the Act. The charge was read over and explained to them, who plead