( 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, to undergo further imprisonment for six months, and accused No. 4 is convicted under Sec. 235 (2), Cr. P. C. for offences punishable under Secs. 8-C and 21 read with Sec. 29 of 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, to undergo further imprisonment for six months.

( 3 ) BY that very judgment, original accused Nos. 2 and 3 of Sessions Case No. 10 of 1997 were acquitted of the offences for which a charge Exh. 6 was framed against them on 12/12/1997. The State Government has not preferred any acquittal appeal against that acquittal judgment rendered in favour of accused Nos. 2 and 3.

( 4 ) FROM papers, it appears that on or about 10/8/1997 at about 0-15 hrs, accused No. 1 was found with physical possession of brown sugar weighing about 2 Kgs - 970 Gms. on platform No. 1 of Vadodara Railway Station at Vadodara. From the papers, it also appears that for carrying and disposing of this big quantity of brown-suger, there was conspiracy hatched by about six persons who were involved in this case. The kingpin of the episode is Mohamed Sabir Haji Mohmed Allabax Chhipa (Panwala), resident of Mansor, Madhya Pradesh. He is still absconding. His name is shown as absconding accused No. 1 in verticle column No. 2 of chargesheet filed in the Court. Reference of this kingpin will be made hereinafter as prime accused.

( 5 ) AS stated in charge framed against the accused, the prime accused is a manufacturer and supplier of brown-sugar in a big quantity. So far as this case is concerned, this quantity of brown-sugar found from accused No. 1 was first to be delivered to one Bai Kusum Nagnath Gaekwad who is also absconding and her name is shown as absconding accused No. 2 in verticle column No. 2 of the chargesheet. It also appears from the record that it is a case of the prosecution that accused Nos. 2 and 3 were to collect their required quantity of brown-sugar from the said absconding accused No. 2 Kusum Nagnath Gaekwad resident of Ambarnath, Dist. Thane, Maharashtra. As per the case of the prosecution, accused No. 4 who is appellant in Criminal Appeal No. 265 of 1999 is a partner of prime accused for business of brown-sugar. He is also related to the prime accused. As per the case of the prosecution, prime accused is a brother-in-law (wifes brother) of accused No. 4.

( 6 ) THE facts of the case, which are eloquent and self-explanatory leading to these appeals, are as follows:6. 1 one Dilipbhai Vasant Pradhan who is a complainant in this case was serving as Police Sub Inspector in Vadodara Railway Police Station. On 10/8/1997 at about 0-05 hrs. said complainant in company of Police Sub Inspector Shri Haribhai Ganpatrao Galfade, Head Constables Ranjitsinh, Fatesinh, Dalpatbhai and Police Constables Ash