( 1 ) THESE appeals are filed under section 374 of the Code of Criminal Procedure, 1973 against the judgement and order passed by the learned Special Judge, Bhuj (Kutch) in Special Case No. 44 of 1996 dated 30. 9. 1998, whereby the learned Judge was pleased to convict the appellant in each of these appeals under section 22, 23 with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "ndps Act") and under section 120 (B) of Indian Penal Code (hereinafter referred to as "ipc") and awarded sentence of rigorous imprisonment for 10 years and fine of Rs. 1 lakh, in default simple imprisonment for 2 years for the offences under section 22 of the NDPS Act and section 120 (B) of the IPC. While for the offences under sections 23 and 28 of NDPS Act and under section 120 (B) of the IPC rigorous imprisonment for 10 years and fine of Rs. 1 lakh, in default simple imprisonment for 2 years. The learned Judge was pleased to order the sentences to run concurrently and the accused be given benefit of set off.

( 2 ) THE case of the prosecution is that on 20. 3. 1996 the vessel named Safina Noor Madina bearing registration no. BDI-13/9 arrived at Tun