G.B. Shah, J.

1. This appeal under section 374 of the Code of Criminal Procedure, 1973 filed by the appellants-original accused Nos. 1 and 2 arises out of judgment and order dated 5.10.2011 passed by the learned Special Judge and Additional Sessions Judge, Jamnagar, in Special NDPS Case No. 2 of 2010 whereby they were convicted and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/-, in default, to suffer further rigorous imprisonment for two years for the offence punishable under section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the NDPS Act').

2. Facts, in nutshell, are that the accused were found selling contraband article 'ganja' weighing about 3 kg and 400 gm and therefore, FIR came to be registered as C.R. No. I-86 of 2010 at Jamnagar 'B' Division Police Station for the offence punishable under sections 20(B) and 20(C) of the NDPS Act. In pursuance of the said complaint, investigation started and as there appeared prima facie case against the accused, charge sheet was filed against the accused persons. As the offence was triable exclusively by the Court of Sessions, the l