JUDGMENT :

N.V. Anjaria, J.

This appeal is preferred against judgment and order dated 16.07.2004 of learned Additional Sessions Judge, Court No.5, Ahmedabad City, in Sessions Case No.103 of 2003 convicting the appellant for the offence under section 8(c) read with sections 20 (sic) and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the N.D.P.S. Act', for sake of brevity) and sentencing her to rigorous imprisonment for twelve years with fine of Rupees one lakh, and in default of payment of fine, to undergo rigorous imprisonment for further three months. The appellant Chhotibibi Chhipa was accused No.1 before the trial court. Accused No.2 was acquitted.

2. The prosecution case was that on 17.01.2003 at around 8.00 p.m. the Police Inspector of Shah Alam Police Station received secret information which he forwarded to his second Police Inspector that one Chhotibibi Chhipa, wife of Daudbhai Vakhatji, staying near Suryanagar underpass, was keeping in her house quantity of brown sugar and opium. As it was apprehended that she may elope with the contraband, the police swung into action. The higher officer was intimated in writing. Upon his instruction to conduct raid and after doing necessary panchnama and making an entry in the station diary, the officer with his staff along with panchas and a lady Constable swiftly reached Chandola, near Nawaz Masjid, at Suryanagar Chhapra. parked their jeep in front of a shop named S.S. Decorators. The raiding party entered a narrow street through a gate on the opposite of that shop. Leaving two gates, a woman was found sitting near the third gate, who, on being asked, identified herself in presence of panchas as Chhotibibi. The officer introduced himself to her that he was a police official from Maninagar Police Station, and wanted her house to be searched as he had definite information about contraband material illegally kept and possessed by her. She was explained and asked in writing whether she wanted to be searched in presence of a Gazetted Officer or an Executive Magistrate, to which she replied in negative.

2.1. The house of appellant Chhotibibi was searched. In the third room of the house, on closure look at the ground floor, it was noticed that a cooking stove (sagdi) was kept in the southeast corner of the wall. Few bricks and wooden logs were lying scattered near to it. When those materials were removed, a steel dish was seen having been kept inside the sagdi. Below it a round shaped tin box sized one foot was found. It contained transparent plastic bags filled with brown coloured powder. In another transparent plastic bag, blakish sticky substance was found. Prima facie, they smelt like brown sugar and opium respectively.

2.2. The officer of Forensic Science Laboratory (F.S.L.) was called at the place, who, on examination, confirmed the substances to be brown sugar and opium. The powder weighed one kilogram, whereas the sticky substance weighted 1.845 kg. Two samples of ten grams each from the quantity of powder were taken out, packed and sealed as per procedure, and were placed in different covers. Similarly, two samples of 50 grams each of the opium were taken out, and were properly sealed. The panchnama of raided place was carried out. The panchnama in respect of seizure and weighing of contraband material was also done. The appellant was arrested. The samples in sealed condition were sent to the Forensic Science Laboratory for testing.

2.3. The appellant and accused no.2 were charged for the offences under sections 8(c), 20, 21 and 29 of the N.D.P.S. Act. In course of trial, the prosecution examined ten witnesses and led documentary evidence. The statements of the accused persons under section 313 of the Criminal Procedure Code, 1973, were recorded. The trial culminated into the impugned judgement and order, convicting and sentencing the accused no.1, and acquitting accused no.2.

3. This court heard learned advocate Mr. R.M. Agarwal appearing for the appellant, and learn