( 1 ) ABOVENUMBERED two appeals, filed under Section 374 (2) of the Code of Criminal Procedure, 1973, are directed against judgment dated July 26, 2002 rendered by the learned Additional City Sessions Judge, Ahmedabad City in sessions Case No. 153 of 2001, by which the sole appellant in Criminal Appeal No. 660 of 2002, who was original accused No. 1 as well as two appellants in criminal Appeal No. 759 of 2002, who were original accused Nos. 2 and 3 in Sessions Case No. 153 of 2001 are convicted for commission of offence punishable under section 21 read with Section 29 of the Narcotic Drugs and psychotropic Substances Act, 1985 ("the Act", for short) and each sentenced to RI for 10 years and fine of Rs. 1,00,000/- (Rupees One Lakh Only), in default RI for 2 years.

( 2 ) THE facts emerging from the record of the case are as under: mr. Krishnakumarsinh Chandrakumarsinh Chudasama, who was then Police Inspector, Anti-Terrorist Squad, was on duty in his office in the morning of July 19, 2001. When he was present in his office, his colleague i. e. PI Mr. A. S. Rathod received information from his informant that a person named Rajendra Sharma, who had put on off white coloured full sleeve bush-shirt and coffee coloured pant, was to come with quantity of brown sugar at Gate No. 3 of civil Hospital, Ahmedabad between 10. 30 AM and 1. 00 PM along with two persons, out of whom one had tied many coloured cotton string on his wrist as well as put on biscuit coloured shirt and coffee coloured pant whereas another person had worn cream coloured lining shirt and biscuit coloured pant and was of sound physique. It may be mentioned that other particulars about two persons, who were to accompany Rajendra Sharma, were also given in the information. On receipt of information, PI Mr. Chudasama asked Police Constable Motibha to summon panch- witnesses. He and PI Mr. Rathod also informed their immediate official superior i. e. Mr. A. D. Chudasama, who was then the Deputy Superintendent of Police, ATS. PI Mr. Rathod also informed Dysp Mr. Chudasama in writing. At about 10. 00 AM, Police Constable Motibha came with two persons who were ready to act as panch-witnesses. On interrogation by PI Mr. Chudasama, they disclosed their names to be: (i) Jayesh Babulal Patel; and (ii) lalitkumar Fulchandbhai Desai. PI Mr. Chudasama ascertained from those persons, who were brought by police Constable Motibha, whether they were willing to act as panch-witnesses. As the abovenamed two persons, brought by Police Constable Motibha, expressed their desire to act as panch-witnesses, information received by pi Mr. Chudasama from his colleague PI Mr. Rathod was conveyed to them and first part of the panchnama was drawn between 10. 00 AM and 10. 30 AM wherein information received by PI Mr. Chudasama from PI Mr. Rathod was incorporated. As the contents of secret information received were conveyed to Dysp Mr. A. D. Chudasama, Dy SP mr. Chudasama asked Mr. Rameshbhai Iswharbhai Patel, who was also then one of the Police Inspectors of ATS, ahmedabad, to come to his chamber. Accordingly, PI Mr. Patel, went to the chamber of Dysp Mr. Chudasama. At that time, he found that other officers such as Police inspector Mr. A. S. Rathod, PSI Mr. P. G. Vaghela, Mr. Shah, Mr. Vyas, Police Constable Motilal, Police constable Chhatrasinh, etc. were present. Dysp Mr. Chudasama conveyed information received to PI Mr. Patel. He was also informed that the services of two persons, who were willing to act as panch-witnesses, were already requisitioned. Necessary material for conducting the raid such as seal, twine, etc. were collected. Before leaving the office for Gate No. 3 of Civil Hospital, Ahmedabad, an entry was made by PI Mr. Rathod in Movement Register maintained at the ATS Office. The members of the raiding party i. e. PI Mr. K. C. Chudasama, PI Mr. A. S. Rathod, psi Mr. P. G. Vaghela, Police Constables, panch-witnesses, etc. proceeded towards Civil Hospital, Ahmedabad in