HAMIDKHAN A SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both these appeals are arising out of the same judgment and order of the learned Additional Sessions Judge and Special Judge, Bharuch in Special (NDPS) Case No.1 of 1998 dated 15.5.2001 and since both these appeals are heard together, the same are being disposed of by this common judgment.

(2.) CRIMINAL Appeal No.501 of 2001 is filed by the appellant original accused No.2, namely, Hamidkhan Abdulhayakhan Shaikh and Criminal Appeal No.580 of 2001 is filed through jail by the appellant original accused No.1, namely, Munna Babu Shaikh under Section -374(2) of the Criminal Procedure Code, 1973 ( for short 'the Code') against the judgment and order of conviction and sentence dated 15.05.2001 rendered by the learned Additional Sessions Judge and Special Judge, Bharuch, in Special (NDPS) Case No.1 of 1998 convicting both the appellants original accused Nos.1 and 2 for the offence punishable under Sections -21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'NDPS Act') and sentencing them to suffer R.I of 10 years with fine of Rs.1 lac (Rupees One Lac Only) and, in default of payment of fine further S.I of 1 year more with a further direction that the period spent by them in jail shall be given set off against the sentence.

(3.) BRIEFLY stated, the prosecution case as disclosed from the complaint as well as unfolded during trial, is as under : -