(1) A.M.KAPADIA, J. Instant Appeal is listed for final hearing pursuant to the order dated 10.8.2010 passed by this Court in Criminal Misc. Application No. 8184 of 2010. The said order runs as under: 1. Leave to amend petition as well as the prayer clause is granted.

(2) During the course of hearing of this application, Mr.B.M.Mangukiya, learned advocate for the applicant has pointed out various infirmities in the prosecution case like infirmities in the sealing process, non-pasting of panch slip on the outer cover of the packet containing the sample and the panchas in whose presence the contraband article opium was recovered also turned hostile. He has also pointed out that applicant is senior citizen aged about 75 years and suffers from various serious ailment of enlargement of heart, and from jail also he has been admitted at Sir T Hospital and Medical College, Bhavnagar, which has been elaborately narrated in paragraphs 3 and 4 of the application.

By pointing out the aforesaid infirmities as well as special reasons, Mr.B.M.Mangukia has urged that the criminal appeal may be heard expeditiously, which would consume less time than the hearing of this application seeking suspension of sentence. He also undertakes to prepare and supply mini paper-book containing oral testimonies as well as exhibited documents produced in the trial Court in four sets after taking down the zerox copy from the R and P of the Special NDPS Case No.1 of 2002 which has been received by this Court. It is, therefore, urged that the appeal may be listed for final disposal forthwith, and till the hearing of the main appeal, hearing of the present application may be deferred.

(3) In view of this, Registry is directed to list Criminal Appeal No.1271 of 2010 along with this application for final hearing on 13.08.2010.

(4) Registry is also directed to permit Mr.B.M.Mangukiya, learned advocate for the applicant to take down the zerox copy of the oral testimonies as well as documents from the R and P of Special NDPS Case No.1 of 2002 for preparing mini paper-book. 2. Challenge in this Appeal filed under Section 374 of the Code of Criminal Procedure (the Code for short) is to the correctness of the judgment and order dated 14.7.2010 rendered in Special NDPS Case No. 1 of 2002 by the learned Additional Sessions Judge, Fast Track Court No.2, Bhavnagar, by which the sole Appellant (the accused for short) has been convicted for the offences punishable under Section 17 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (the NDPS Act for short) and sentenced to suffer RI for 10 years and fine of Rs.1 lac and in default of payment of fine, further RI for 1 year. 3. Briefly stated the prosecution case as disclosed from the FIR and unfolded during trial is as under:

3.1 PW-7 Ranmal Nathabhai Dayatra, PSI at Vallabhipur Police Station, Bhavnagar has received secret information to the effect that Patel Bhagvanbhai Arjanbhai Kakadia, resident of village Patana is selling Opium by keeping illegally in his house. On receiving the said information, he conveyed the same to R.L.Chaudhary, Deputy Police Officer, Botad and PW-8 Narendrasinh Bahadursinh Jadeja, C.P.I. Botad and called them in police station. PW-3 - Tidabhai Gudabhai Sodha Police Constable, PW-5 Harisinh Verubha Rana, PW-4 Anitsinh Ajubha Zala, Chamanlal Manila, Pravinsinh Arjunsinh Jadeja the Driver of the government vehicle P-26 and Police Constable Kiritsinh Chandrasinh Sarvaiya driver of Dy. Police Officer, Botad were present in the police station. The said secret information was taken into police station diary and thereafter services of two panchas were requisitioned through PW-5 - Police Constable Harisinh Verubha. Two panchas - PW-1 Vallabhbhai Khimjibhai, resident of village Vallabhipur and PW-2 Vinubhai Shamjibhai, resident of village Meghavadar were appraised about the said secret information and explained them to join in the raid. A preliminary panchnama to the said effect was prepared,