(Per : HONOURABLE MR.JUSTICE J.R.VORA)

1 Both the instant Appeals are preferred by the appellants under Section 374 of the Code of Criminal Procedure to read with Section 36-B of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the NDPS Act ) against the Judgment and Order rendered by the Additional Sessions Judge, Court No.9, City Sessions Court, Ahmedabad, on 28th of January, 2004, in Sessions Case No. 143 of 2000 and Sessions Case No. 295 of 2000, whereby the present appellant Smt. Najmunisha, wife of Abdul Hamid Chandmiya @ Ladoo Bapu, accused No.1, came to be convicted by the Trial Court, for the offences punishable under Sections 20(b) (ii) (c) to read with Section 29 of the NDPS Act and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 30,000/-, in default, to undergo simple imprisonment of one year. Though she was also found guilty for the offence punishable under Section 25 of the NDPS Act, but no separate sentence was imposed. While appellant Abdul Hamid Chandmiya @ Ladoo Bapu - accused No.4 also came to be convicted by the Trial Court for the offences punishable under Sections 20(b)(ii)(c) to read with Section 29 of the NDPS Act and was sentenced to undergo rigorous imprisonment of 13 years and to pay fine of Rs. 1 lac and in default to undergo simple imprisonment of one year and no separate punishment was imposed upon him for the offence punishable under Section 25 of the NDPS Act though he was found guilty for the said charge.

2 Appellant Smt. Najmunisha, wife of Abdul Hamid Chandmiya @ Ladoo Bapu, has preferred a Criminal Appeal No. 1702 of 2004 while appellant Abdul Hamid Chandmiya @ Ladoo Bapu has preferred a Criminal Appeal No. 2097 of 2004. Since both the Appeals have arisen from the same judgment and order, both the Appeals are heard together and decided by this common judgment and order.

3 In the said Sessions Cases, in all there were four accused. The learned Trial Judge by impugned judgment and order found accused No.5 Nazir Ahmed @ Nazir Bazara guilty for the offence punishable under Sections 20(b) (ii) (A) for the small quantity and was sentenced to undergo rigorous imprisonment of six months with fine of Rs. 500/- in default to undergo simple imprisonment of six months. Accused No.5 has not preferred any Appeal. Accused No.2 Abdul Razak Abdul Hamid and accused No. 3 Abdul Abdulla @ Rashid Kashmiri were acquitted by the Trial Court after giving benefit of doubt for the charges under Sections 29, 25 to read with Section 20(b) (ii) (c) of the NDPS Act and no appeal against their acquittal has been preferred. Thus, out of five accused, three were convicted, and out of this three accused, original accused Nos. 1 and 4 have preferred the above said two appeals.

4 As per the brief facts of the case, on 10th of December, 1999 at about 18.30 hours, Mrs. Krishna Vinaykumar Chaube, working on deputation with the Narcotic Control Bureau, Zonal Unit, Ahmedabad, received a secret information as an Intelligence Officer of the Bureau that one person named as Abdul Hamid Chandmiya @ Ladoo Bapu was likely to carry contraband substance in one auto rickshaw, bearing Registration No. GJ-9-T-2355. It was also made clear in the secret information that the said person Abdul Hamid Chandmiya @ Ladoo Bapu was the resident of Shahpur Chakla and that he was likely to transport contraband on the next day at about 7.00 hours in the morning. It was also made clear in the secret information that it was likely that the said person Abdul Hamid Chandmiya @ Ladoo Bapu would be passing through Shahpur Darwaja. The secret information received by the Intelligence Officer was conveyed to Superior Officer by Mrs. Krishna Chaube. At that time, her superior was one Mr. Tomar. The information was conveyed in one sealed cover, which was produced on record at Exhibit-80. The secret information received by Mrs. Chaube was reduced to writing. Mr. Tomar directed all the of