(1.) The appellant original accused has filed this appeal under Section-374(2) of the Criminal Procedure Code against the judgment and order dated 28.05.2002 passed by the learned Additional Sessions Judge, Morbi, whereby the appellant original accused was convicted for an offence under Section-20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'NDPS Act') and was sentenced for the R.I of 10 years with fine of Rs.1 lac (Rupees One Lac Only) and, in default thereof, S.I of 2 years.
(2.) The appeal was admitted by this Court on 8.8.2003. Alongwith the appeal the appellant - original accused has prayed for suspension of the judgment and order of the learned Additional Sessions Judge, Morbi, and also requested to grant bail during the pendency and final disposal of the appeal. Though the prayer for bail was made in the memo of appeal the same was not pressed at the time of admission hearing of appeal and hence it was rejected.
(3.) The case of the prosecution as revealed from the complaint is as under :-