( 1 ) THESE two appeals are filed by original accused Nos. 1 and 4 of Sessions case No. 10 of 1997 tried and decided by learned Additional Sessions Judge, Vadodara, for challenging the judgment of conviction and sentence dated 1 9/01/1999 rendered in aforesaid Sessions Case, and therefore, as per the request of learned Advocates of both parties in two appeals, these two appeals are heard and decided by this common judgment.

( 2 ) THE original accused Nos. 1 and 4 have, by filing these two appeals viz. Criminal Appeal No. 179 of 1999 and Criminal Appeal No. 265 of 1999 respectively under Sec. 374 (2) of the Code of Criminal Procedure, 1973, (for short cr. P. C.) challenged correctness and legality of judgment (Ex. 73) of conviction and sentence dated 19th January, 1999 rendered by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 10 of 1997 by which the accused No. 1 is convicted under Sec. 235 (2) of Cr. P. C. of offences punishable under Secs. 8-C read with Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the act) and sentenced to undergo R. I. for 10 years and to pay a fine of Rs. two Lacs, and in default of fine,