KSHITIJ R. VYAS, RAVI R. TRIPATHI, J.

( 1 ) THE appellant (original accused no. 1 and 3), in this appeal, have challenged the judgment and order dated 17. 12. 1998 passed in Sessions Case No. 94 of 1993 by the learned Addl. City Sessions Judge, Ahmedabad. The learned judge, at the end of the trial, convicted the appellants for offence punishable under section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced them to suffer R. I. for ten years and to pay a fine of Rs. 1 lac, in default, to undergo R. I. for one year. As far as original accused no. 2 is concerned, according to the learned judge, his case fell under section 27 of the Act as small quantity of narcotic substance was found from his possession which was intended for his personal consumption and not for sale. He, therefore, gave benefit under section 27 of the Act to the original accused no. 2 and sentenced him to pay a fine of Rs. 1500. 00, in default, to undergo imprisonment a prescribed under the law.

( 2 ) THE prosecution case can briefly be stated as under: police Constable Narendrasinh Vijaysinh, PW 3 Ex. 19 of Madhupura Police Station, while performing h

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