S. R. BRAHMBHATT, J.

( 1 ) THIS appeal is preferred by the appellant-convicts under Section 374 (2) of the Code of Criminal Procedure against the judgment and order of conviction dated 23/9/2002 passed by the Sessions Court at rajkot in N. D. P. S. (Special) Case No. 5 of 2002 convicting the appellant No. 1 for the offence punishable under Section 20 of the narcotic Drugs and Psychotropic substances Act, 1985 (herein after referred to as the Act for short) and sentencing her to suffer Rigorous Imprisonment for a period of 5 years and fine of Rs. 20,000. 00 and in default thereof, ordered to suffer further Rigorous Imprisonment for a period of one year. The appellant No. 1 is further held guilty and convicted for the offence punishable under Section 29 of the Act and was ordered to suffer Rigorous Imprisonment for a period of 5 years and fine of rs. 20,000. 00, and in default thereof, ordered to suffer further Rigorous Imprisonment for a period of one year. The appellant No. 2 is also held guilty and convicted for the offence punishable under Section 20 of the act and was ordered to suffer Rigorous imprisonment for a period of 7 years and line of Rs. 20,000/- and in default thereof, ordered to suffer further Rigorous imprisonment for a period of one year. The appellant No. 2 is further held guilty and convicted for the offence punishable under section 29 of the Act and was ordered to suffer Rigorous Imprisonment for a period of 7 years and fine of Rs. 20,000/-, and in default thereof, ordered to suffer further rigorous Imprisonment for a period of one year. All the sentences were ordered to run concurrently.

( 2 ) ON 8. 2. 2002, one Surveillance Head constable Prafulbhai Devshankar Joshi informed the Police Inspector in pratapnagar Police Station, Rajkot that in santoshnagar of Popatpara area, the appellants have been storing contraband substance of Charas and they are dealing in this contraband goods. This information was received at 14-00 hrs. and the same was entered into the station diary vide entry no. 29/2002. The extract thereof was forwarded to the DCP. Thereafter, Police head Constable Prafulbhai Joshi was sent for fetching the panch and other person was sent for calling the officer from FSL. The panch witness and the FSL Officer were apprised of the information received by the inspector concerned and search of all the members of the raiding party was made and panchnama to that effect was made between 15-10 hrs. to 15-30 hrs. in presence of the panchas and the panchas have signed the said panchnama. Before proceeding for raid, the necessary entry at 15-35 hrs. in the Station diary at Entry No. 30/2002 was made. The raiding party alongwith panchas had proceeded to the place in a private vehicle. The raiding party had raided the premises as per the information received. In the residential premises, in one room, the appellant No. 1 was sitting on the floor near cot and the appellant No. 2 was found to be sitting on the cot. After introducing themselves, they said that they had come to inquire in respect of contraband goods and inquired about their names. The appellant no. 1 has introduced herself as Lataben manilal Luka and the appellant No. 2 had introduced himself as Iqbal Harun Miyana. After informing them about their intention to search their premises and informing them that the search could be carried out in the presence of the Gazetted Officer or magistrate and after ascertaining their unwillingness to have such search being made in presence of Gazetted Officer or magistrate, the search was undertaken. Firstly, the appellant No. 1 was asked to search the lady constable, who had accompanied the raiding party and then the lady constable took search of the appellant no. 1. It may be noted that the appellant no. 2 was firstly asked to search the staff of raiding party and the panch witnesses and then the appellant No. 1 was asked to search the lady constable accompanied with the raiding party and no contraband was found

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