A.J. Shastri, J.

1. The State has filed present appeal under the provisions of Criminal Procedure Code, 1973 ('Cr.P.C.', for short) against the judgment and order dated 23.03.2006 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Ahmedabad Rural, Ahmedabad in N.D.P.S. No. 3 of 2004 whereby the learned Sessions Judge, Ahmedabad was pleased to convict the original accused No. 1 - Abdulrehman Asrafkhan Pathan for the offences punishable under Sections 8(c) read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', for short) and sentenced him to undergo 10 years rigorous imprisonment with a fine of Rs. 1/- lakh and in default of payment of fine ordered him to undergo one month further simple imprisonment. However, the learned sessions judge was pleased to acquit the rest of the original accused Nos. 2,3 and 4 which is the subject matter of this Criminal Appeal.

2. The brief facts of the case of prosecution is that Police Inspector is a complainant who lodged the complaint on 06.10.2003 before the District Superintendent of Prohibition by asserting that on 06.10.2003 at about 1600 hrs, an information came to be received through Assistant Sub Inspector Shri Dilipsinh and Manusinh that three persons from State of Madhya Pradesh were to come by Maruti Van having registration No. RJ-09-C-2611 with contraband articles in the form of Brown Sugar. As per the say of the complainant this contraband article in the form of Brown Sugar was to be brought near Surbhi Park Society near Raj Kirana Store at Vastral Road area where the same was to be handed over to one Rajkumar @ Raju @ Chhabilal Bhanvarlal, who is residing in Surbhi Society. On receipt of said information, the same was noted down in secrete register maintained by office and after recording the said secrete information a written report came to be prepared and handed over to Superior Authority Shri U.H. Ladva, a Director of Prohibition department and thereafter a preparation for raid was undertaken by calling two panch witnesses who came at 1750 hrs in which time the preliminary panchnama was executed at police station and subsequent thereto in the Government vehicle the raiding party came near Raj Kirana Stores at Vastral Road. It is further the case of the prosecution that around 1900 hrs, as per the secrete information, Maruti Van stopped at Raj Kirana Stores wherein three persons found sitting inside the Van, one person besides the driver of the van and on the back seat of the driver. At that point of time, Rajkumar @ Raju from Surbhi Park society came out and went towards said Maruti Van. At that time raid was executed by the raiding party wherein plastic bag container was found in packed condition containing contraband powder in hand of one of the persons. At that point of time, an inquiry was made to which all persons disclosed their names as Abdulrehman Asrafkhan Pathan, Jakirhusen Munnekhan Mevati, Jakirkhan Gafarkhan Pathan and Rajkumar @ Raju @ Chhabilal Bhanvarlal Jain. Thereafter, Shri U.H. Ladva introduced himself as Director of Prohibition Department and District Gazetted Officer, the police personnel as well as panchas. Thereafter the steps which were required to be taken at the spot were taken by the raiding party wherein from both the hands of accused Abdulrehman Asrafkhan Pathan plastic bags containing brown sugar powder was found along with the currency notes and mobile phone made of Nokia company. All these articles were recovered for the purpose of investigation. The other persons accompanied viz. Jakirhusen Munnekhan Mevati and Jakirkhan Gafarkhan Pathan were also searched but nothing incriminating material was found from them and similar is the case with respect of Rajkumar @ Raju @ Chhabilal Bhanvarlal Jain from whom also except mobile phone made of Panasonic company no other material wa