JUDGMENT :

SANDEEP MEHTA, J.

1. These two appeals arise out of a common judgment dated 30th November, 2009 rendered by the Division Bench of the High Court of Gujarat whereby Criminal Appeal Nos. 1865 of 2006 and 1866 of 2006 preferred by the appellants herein i.e. Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan, respectively were dismissed. By way of the said appeals, the appellants herein had assailed the judgment dated 6th June, 2006 passed by the learned Additional Sessions Judge, Fast Track Court, Nadiad (hereinafter being referred to as the ‘trial Court’) in Special Case (NDPS) No. 5 of 2003 convicting the appellants for the offences punishable under Section 21 read with Section 8 (c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter being referred to as ‘NDPS Act’) and sentencing them to undergo rigorous imprisonment for ten years and fine of Rs. 1 lakh each in default of payment of fine to undergo simple imprisonment for two years.

Brief facts:

2. Shri Deepak Pareek (PW-2) posted as Intelligence Officer in the Narcotic Control Bureau (hereinafter being referred to as ‘NCB’) Ahmedabad received a secret information at his offi