JUDGMENT :

1. The appellants - accused have preferred these appeals under Section 374(2) of the CRIMINAL PROCEDURE CODE , 1973 against the judgment and order of conviction dated 07.10.2019 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur at Ahmedabad (hereinafter be referred to as “the Trial Court”) in NDPS Case Nos. 4 of 2016, 6 of 2016 and 2 of 2017, whereby present appellants have been convicted for the offence punishable under Sections 25 -A and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter be referred to as “the Act”) and directed them to undergo sentence of rigorous imprisonment of ten years for the said offences with fine of Rs.1,00,000/- each and in default of payment of fine, to undergo rigorous imprisonment for six months.

2. Present group of appeals is arising out of the common question of law and facts. In substance, learned advocates appearing for the respective parties have requested to deal with and decide the same conjointly and as such, considering the request and the joint submission, the Court has taken up the appeals for hearing by treating Criminal Appeal No.2328 of 2019 as a lead matter and for the sake of convenience, the facts are taken from the said appeal. So far as the lead matter, i.e. Criminal Appeal No.2328 of 2019, is concerned, same is arising from the following background of facts:-

2.1 On 14.04.2016 the first informant, Mr. V. R. Malhotra, Police Inspector, serving in the A.T.S., Gujarat State, Ahmedabad was orally instructed by Superintendent of Police (Operations), A.T.S. that Mr. B. C. Solanki, A.C.P., S.O.G., Ahmedabad City has received a secret information to the effect that the accused Narendra Dhirajlal Kacha in conspiracy and in connivance with accused Kishore Bhavsinh Rathod and Jay @ Jay Mukhi had procured an illegal consignment of Ephedrine from factory situated at Solapur, Maharashtra and had kept it in his possession in industrial shed of Jayesh Patel situated near the connecting road to Village Vahelal, Taluka Daskroi, District Ahmedabad. It was further alleged that all these accused are preparing to export the said Ephedrine to foreign country and the informant was further instructed to arrange a raid in pursuance of secret information. Accordingly, a team of ATS Officers was formed which included the first informant Mr. V. R. Malhotra, Mr. B. C. Solanki, A.C.P., S.O.G., ATS; Mr. R. R. Sarvaiya, Police Inspector, Crime Branch and other staff members including a photographer. It was alleged that two independent witnesses for being panch were also arranged by P.S.I. Mr. R. K. Solanki; the panchas were briefed about the raid and once they gave their consent for accompanying them and after taking necessary articles, the entire team proceeded at the place mentioned in the secret information. Before proceeding, an entry was made in the Station Diary as Entry No. 04/2016, dated 14.04.2016, at 14.50 hours. The team raided the said shed at around 15.45 hours where one person sitting on the chair namely Narendra Dhirajlal Kacha and two persons were working in the shed who stated to be doing labour work under Narendra Kacha and, thereafter, the members of the ATS team entered into the shed and gave their identity to those persons. Thereafter, Mr. V. R. Malhotra, being in-charge of the raiding party told the accused - Narendrabhai Kacha that he was having an information that a big consignment of controlled substance Ephedrine kept under this shed and for that reason a search of the p