Point of Law: In Sec. 42 as well as Sec. 43 of the N.D.P.S. Act, the word 'conveyance' is there. The difficulty that arises when conveyance is there is that, in what manner it should be interpreted. In our view, in Sec. 43, the word 'conveyance' is qualified by the word 'public'. But, in Sec. 42, it is not qualified by any such word. Thus, it is only the public conveyance which is covered by Sec. 43, but conveyance other than public conveyance will be covered by Sec. 42 of the N.D.P.S. Act.

JUDGMENT :

J.B. Pardiwala, J.

1. As both the captioned Appeals arise from a selfsame judgment and order of conviction passed by the 4th Additional Special Judge, Sabarkantha at Modasa, in the N.D.P.S. Case No. 1 of 2015 (Old N.D.P.S. Case No. 4 of 2009), those were heard analogously and are being disposed of by this common judgment and order.

2. Both the appellants (original accused Nos. 1 and 2 respectively) were put on trial in the Court of the Special Judge, Sabarkantha at Modasa, for the offences punishable under Secs. 8(c), 20(b)(ii), 20(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the N.D.P.S. Act').

3. At the conclusion of the trial, the trial Court held both the appellants guilty of the offences enumerated above.

4. The appellant of the Criminal Appeal No. 638 of 2015, namely Yusufbhai Ismailbhai Vohra, came to be sentenced to undergo 20 years of rigorous imprisonment with fine of Rs. 2 lakh and in default of the payment of the amount of fine, to undergo further 3 years of rigorous imprisonment.

5. The appellant of the Criminal Appeal No. 1217 of 2015, namely Farooq Ganibhai Vora, came to be sentenced to undergo 10 years of rigorous imprisonment with fine of Rs. 1 lakh and in default of the payment of the amount of fine, to undergo further 1 year of rigorous imprisonment.

I. Case of the Prosecution:

6. One Shri H.K. Mukherjee, Intelligence Officer, Narcotics Control Bureau, Ahmedabad, lodged a complaint in writing dated 27th August, 2009 in the Court of the Special Judge, Sabarkantha, for the offences enumerated above. The lodging of the complaint culminated in the N.D.P.S. Sessions Case No. 4 of 2009 (New N.D.P.S. Case No. 1 of 2015). The complaint reads thus:

"3. The complainant states that the Narcotics Control Bureau, Ahmedabad had received a specific information on 27-2-2009 that "one Yusuf Ismail Vohra @ Yusuf S.T.D. wala of Ahmedabad is most likely to enter in Gujarat along with one Farooq through Ratanpur Check-Post on Rajasthan-Gujarat Border within a day or two, with consignment of 20 kgs. of Charas in his blue coloured Cielo Car No. GJ-1-PP-5973. Yusuf S.T.D. wala was earlier sentenced in a charas case and is absconding since jumping parole in the year 2006. He has purchased this consignment of charas from one Abdul Gani Bhat of Srinagar (Kashmir)". This information was submitted to the Superintendent, Narcotics Control Bureau; Ahmedabad immediately.

4. On the basis of said information, a team of officers and staff members of N.C.B., Ahmedabad was formed for taking action. Two panch-witnesses were called at Samlaji Circuit House. Accordingly, the panch-witnesses arrived at Samlaji Circuit House at 16-00 hrs. on 27-2-2009. After explaining intelligence to the panch-witnesses, the team along with panch-witnesses proceeded to Ratanpur Check-Post and reached there at about 16-45 hrs. on 27-2-2009. On reaching there, the team along with panch-witnesses kept watch over vehicles coming from Udaipur side to Ahmedabad at Ratanpur Check-Post.

5. During continued watch at about 1-30 hrs. on 1-3-2009, a Car bearing Registration No. GJ-l-PP-5973 was noticed to pass through Ratanpur Check-Post coming from Udaipur side and to pass towards Ahmedabad and while on passing through the said check-post, the said car was stopped. Thereafter, N.C.B. Officers asked name of the driver to which he introduced himself as Faroothai Ganibhai Vohra of Dakor, Nadiad and the person sitting besides him introduced as Yusuf Ismail Vohra of Ahmedabad. Then the N.C.B. Officers and panch-witnesses introduced themselves to occupants of the car and informed that they had information about concealing of about 20 kgs. of Charas in the said car by Yusuf Ismail Vohra of Ahmedabad. Hence the N.C.B. team wanted to carry out search of the said car and personal search of above two persons. After that, the personal search of Yusuf