( 1 ) THE appellant who was an accused in Sessions Case no. 358 of 1995 before the learned Additional City Sessions Judge, Court No. 9, Ahmedabad, has, by preferring this appeal under Sec. 374 (2) of the Criminal procedure Code, 1973 (for short "cr. P. C. ") read with Sec. 36b of the Narcotic drugs and Psychotropic Substances Act, 1985 (for short the "n. D. P. S. Act"), challenged the correctness and legality and validity of judgment Exh. 52 dated 11th September, 1997 rendered in Sessions Case No. 358 of 1995 by which the appellant has been convicted of the offences punishable under Sec. 120b of the Indian Penal Code and also under Sec. 20 (b) (ii) read with Sec. 29 of the N. D. P. S. Act and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine, to undergo further Rigorous Imprisonment for one year for the offence committed by him under Sec. 20 (b) of the N. D. P. S. Act. The learned Judge of the trial court has not inflicted any separate sentence for the offences punishable under sec. 120b of the Indian Penal Code and under Sec. 29 of the N. D. P. S. Act.

( 2 ) THE facts leading to the present appe