( 1 ) THIS appeal which is filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (the Code for short) read with Section 36-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act for short) through jail, is directed against a judgment and order dated February 4, 1997 rendered by Special Judge, Kachchh at Bhuj, in Special Case No. 122 of 1994 by which appellants/original accused Nos. 1 to 5 (the accused for short) have been convicted of the offences under Section 20 (b) (ii) read with Section 29 of the NDPS Act and sentenced to undergo R. I. for 15 years and fine of Rs. 1 lakh, i. d. , S. I. for two years whereas A-1 and A-4 have also been convicted of the offences punishable under Section 23 read with Section 29 of the NDPS Act and sentenced to undergo R. I. for 15 years and fine of Rs. 1 lakh i. d. , S. I. for two years. It is also ordered by the learned Special Judge that both the sentences awarded to A-1 and A-4 to run concurrently and all the five accused are given the benefit of set-off.

( 2 ) FACTS of the case have been detailed in the judgment of the learned Special Judge and, therefore, it is not expedient to repeat the sam