( 1 ) THIS Criminal Appeal under Sec. 374 (2) of the Cr. P. C. is directed against the judgment and order of conviction and sentence passed against the present appellant by the Addl. Sessions Judge, District Kheda at Nadiad in sessions Case No. 36 of 1989 whereby the appellant-Sumarkhan Sidiqkhan Sindhi, resident of Dentami (Rajasthan) has been convicted under Sec. 21 of the Narcotic drugs and Psychotropic Substances Act, 1985 (which will be hereinafter referred to as the N. D. P. S. Act) and sentenced to 10 years R. I. with a fine of rs. 1,00,000/- on 8-8-1990. It is pointed out by the learned Counsel for the appellant that the appellant was in jail during the course of trial from 24-2-1989, i. e. , the date of his arrest and is serving the sentence at present in Sabarmati Jail of ahmedabad. On 23-9-1997 an order was passed in Misc. Application No. 5276 of 1997 that this Appeal is to heard with Criminal Appeal No. 1037 of 1990 and accordingly this Criminal Appeal No. 828 of 1990 was listed for final hearing in the Board before us on 2-2-1998 at item No. 24. On the request of the learned counsel for the appellant, the matter was taken out of turn. However, the record