(1.) These two appeals arise out of judgment of conviction and order of sentence passed by the learned Special Judge, NDPS Act cases, Pratapgarh dated 28.2.2002 in Sessions Case No. 17 of 2000, whereby the accused-Appellants have been convicted under Sec. 8/18 of the NDPS Act and sentenced to undergo 12 years rigorous imprisonment and to pay a fine of Rs. 1.50 lac., in default thereof to further undergo rigorous imprisonment for a period of 3 years. Since both the appeals have been filed against a common judgment, these appeals are being disposed of by this judgment.
(2.) Brief facts giving rise to the present case may be summarised thus:
(3.) After completion of investigation, challan was submitted and the matter came up for trial in due course of time before the learned Special Judge, NDPS Cases, Pratapgarh, who framed charge under Sec. 8/18 of the NDPS Act against both the accused persons. Accused denied the charges and claimed trial.