Honble PANWAR, J.–The Criminal Appeal No. 532/2003 has been filed by appellant Sayed Mohd. Naeem (for short `the accused hereinafter) under Section 374 of the Code of Criminal Procedure, 1973 (for short `the Code hereinafter) and Criminal Appeal No. 116/2005 has been filed by Union of India through Narcotics Control Bureau under Section 377 of the Code. Both these appeals are directed against the judgment and order dated 13.3.2003 passed by Special Judge, (NDPS Cases), Bikaner (for short `the trial Court hereinafter) in Sessions Case No. 09/99, whereby the trial Court convicted the accused of the offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the N.D.P.S. Act hereinafter) and sentenced him to undergo ten years rigorous imprisonment with a fine of Rs. 1,00,000/-, in default of payment of fine further to undergo one year rigorous imprisonment. Aggrieved by the judgment and order impugned, the accused has filed Criminal Appeal No. 532/2003 and aggrieved by the inadequate sentence awarded by the trial Court, the Union of India through Narcotics Control Bureau has filed Criminal Appeal No. 116/2005 seeking enhancement of substantive sentence as well as sentence of fine. Since both these appeals are directed against the same judgment and order, with the consent of learned counsel for the parties, they are heard together and decided by this common judgment.

(2). Briefly stated the facts of the case are that on 22.8.99 PW. 8 Jagdish Purohit received a secret information at 17.30 hours to the effect that accused is likely to take delivery of contraband heroin between 3 to 5 P.M. on 23.8.99 at village Ranjeetpura and would go to Bikaner by bus. The information was found to be reliable and was recorded in Form No. 1 by Jagdish Purohit and conveyed to Zonal Director, Narcotics Control Bureau, Jodhpur vide forwarding letter Ex. P. 55, the carbon copy of which has been placed on record as Ex. P. 56. On receipt of the secret information vide Ex. P. 55 and P. 56, PW. 7 Rajendra Singh Khangarot, Zonal Director, Narcotics Control Bureau, Jodhpur constituted a team vide Ex. P. 57 comprising of PW. 5 Narendra Singh, PW. 8 Jagdish Purohit, PW. 4 S.S. Chouhan, PW. 6 Anuranjan Gupta and others for search and seizure. On 23.8.99 as per the information the team reached near bus stand Ranjeetpura and noticed one person standing near to Khejdi tree having a bag in his hand. The raid party introduced themselves to the accused and apprised him of the secret information regarding his being in possession of contraband herein. A notice under Section 50 of the N.D.P.S. Act was served giving him option in be searched in the presence of Judicial Magistrate or Gazetted Officer vide Ex. P. 19. Motbirs were called, they were given notice and after taking their consent to become Motbirs in the presence of Motbirs and Gazetted Officer PW. 5 Narendra Singh, Assistant Director, N.C.B., Jodhpur, the search was carried out. On the search of bag which the accused was holding in his hand, it was found that the bag was containing 6 kg. 750 grams of heroin. Two samples of 5 grams each were taken. The samples were sealed on the spot. The remaining contraband heroin was also sealed on the spot. Summon Ex. P. 20 requiring the accused to make statement under Section 67 of the N.D.P.S. Act was issued on 23.8.99 at 20.25 hours. The notice was served on the accused. The accused made a voluntary confessional statement vide Ex. P. 21 under Section 67 of the N.D.P.S. Act. Thereafter vide Ex. P. 22, the accused was arrested on 23.8.99 at 23.55 hours. After usual investigation, a complaint Ex. P. 54 for the offence punishable under Sections 8(c) r/w Sections 21, 23, 27A and 29 of the N.D.P.S. Act was filed before the trial Court against the accused. The trial Court framed the charges. The accused denied the charges and sought trial. The prosecution adduced evidence by producing as many as nine witnesses and documents Ex. P.1 to Ex. P.

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