JUDGMENT :

J.C. Upadhyaya, J.

These three Criminal Appeals arise out of a judgment and order rendered by learned Addl. Sessions Judge, 2nd Fast Track Court, Navsari on 29.11.2006 in Special NDPS Case No. 1 of 2003. In Special NDPS Case No. 1 of 2003, five accused persons, namely, Ketan @ Kanabhai Somabhai Patel, Habibkhan Usmankhan Pathan, Abdul Salim Abdul Munaf Shaikh @ Salimbhai, Nituben Abdul Salim Abdul Munaf Shaikh and Smt. Naseebbanu Yusufbhai Pathan came to be tried for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act', for short). At the end of the trial, the accused No. 1 Ketan @ Kanabhai Somabhai Patel, accused No. 2 Habibkhan Usmankhan Pathan, accused No. 3 Abdul Salim Abdul Munaf Shaikh @ Salimbhai and accused No. 4 Nituben Abdul Salim Abdul Munaf Shaikh came to be convicted for the offences punishable under Sections 8(c), 20(b)(ii)(c), 25 read with Section 29 of the NDPS Act and each of them was sentenced to undergo R.I of ten years and fine of Rs. 1 Lac each and in default of payment of fine, S.I for one year. Moreover, the accused No. 3 Abdul Salim Abdul Munaf Shaikh @ Salimbhai, accused No. 4 Nituben Abdul Salim Abdul Munaf Shaikh and accused No. 5 Smt. Naseebbanu Yusufbhai Pathan came to be convicted for the offences punishable under Sections 8(c), 20(b)(ii)(b), 25 read with Section 29 of the NDPS Act and each of them was sentenced to undergo R.I for seven years and fine of Rs. 50000/- each and in default of payment of fine, S.I for one year. The sentences of imprisonment were ordered to run concurrently.

1.1 Original accused No. 2 Habibkhan Usmankhan Pathan filed Criminal Appeal No. 11 of 2007 challenging the impugned judgment and order rendered by the trial Court. However, during the pendency of said appeal, Habibkhan Usmankhan Pathan expired, and, therefore, Criminal Appeal No. 11 of 2007 stood abated.

1.2 Criminal Appeal No. 718 of 2007 is preferred by original accused No. 3 Abdul Salim Abdul Munaf Shaikh @ Salimbhai and accused No. 4 Nituben Abdul Salim Abdul Munaf Shaikh; Criminal Appeal No. 994 of 2007 is preferred by original accused No. 1 Ketan @ Kanabhai Somabhai Patel and Criminal Appeal No. 1440 of 2008 is preferred by original accused No. 5 Smt. Naseebbanu Yusufbhai Pathan under Section 374 of the Criminal Procedure Code ('Cr.P.C.', for short) challenging their conviction and sentence recorded by the trial Court.

2. Mr. Sahajanand Sachidanand Singh, serving as Intelligence Officer, Narcotic Control Bureau, Ahmedabad ('NCB, Ahmedabad', for short) on or about dated 23.5.2002 received a secret information to the effect that the accused No. 1 Ketan @ Kanabhai Somabhai Patel resident of 101, Chitrakoot Apartment, Navsari dealing in contraband substance Charas was to receive large quantity of Charas at his residence, and thereupon, the secret information which Mr. S.S. Singh received at about 10.30 am in the morning on 23.5.2002 came to be reduced into writing by him and the copy of the same was forwarded to his immediate superior Officer. Pursuant to such information, it was decided to conduct raid at Navsari. On 26.5.2002, during night hours, Intelligence Officer Mr. S.S. Singh, Intelligence Officers Mr. Vikram Ratnoo, Mr. Pavansinh Gajesinh Tomar and Mr. Umesh Jayantkumar Pathak left Ahmedabad for Navsari, and at Navsari they stayed in circuit house. On next day, i.e. on dated 27.5.2002, during early morning hours at 7 am, two Panchas, namely, Hormez Firoz Avari and Mukesh Shankarrao Gole were called. They were apprised about the secret information received by Intelligence Officer Mr. Singh. Preliminary panchnama was drawn in the circuit house. Thereafter all the above referred Intelligence Officers along with two Panchas and Police Officers went to the house of the accused No. 1 Ketan Patel. It is the prosecution case that in the house of accused No. 1 Ketan Patel along with him, accused No. 3 Abdul