Rajesh H. Shukla, J.

1. The present appeal is directed against the judgment and order rendered in Special Case No. 112 of 2008 by the Addl. Sessions Judge, Banaskantha at Deesa dated 24.2.2012 recording conviction of the appellant-original accused for the offences under sec. 17 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').

2. The facts of the case, briefly summarised, are as follows:

"2.1 On the basis of information received by the P.S.I., Dhanera Police Station, Banaskantha that a white Tata Sumo Car is likely to come from Rajasthan towards Gujarat with opium, he made a report intimating to the higher officer and called 2 panch witnesses and along with his constables proceeded from Dhanera Police Station to Nenava check post waiting for the Tata Sumo car. At that time, the white Tata Sumo car came towards the check post and when the driver of the said Tata Sumo car saw the police, he drove the vehicle instead of stopping it with full speed towards Dhanera and therefore it was chased by the complainant in another police jeep. The Tata Sumo car was stopped in an open field on the road from Lavara to Khaprol vil