1. Both these appeals arise out of the judgement and order rendered by the Ld. Addl. Sessions Judge, 4th Fast Track Court, Sabarkantha at Himatnagar, [for short ‘the Ld. Trial Judge’] on 9/3/2004 in NDPS Case No. 1 of 2002. By virtue of the impugned judgement and order dated 9/3/2004, the Ld. Trial Judge was pleased to convict original accused – Gulam Mohammad Malik for the commission of offence punishable under section 20(B) and section 29 read with section 8(C) of the Narcotic Drugs and Psychotropic Substances Act [for short ‘NDPS Act’] and the accused was sentenced to undergo rigorous imprisonment [RI] for 10 years and fine of Rs. 1 lac, in default of payment of fine, to further undergo RI for one year. Being aggrieved and dissatisfied with the impugned judgement and orderrecording conviction for the aforesaid offences, the original accused Gulam Mohammad Malik preferred Criminal Appeal No. 683 of 2004 challenging the legality and validity of the impugned judgement. The Criminal Appeal No. 1319 of 2004 came to be preferred by the State of Gujarat under section 377 of the Code of Criminal Procedure [for short ‘Cr. P.C.’] for enhancement of sentence. As both these appeal