S.C. Das, J.

1. Criminal Appeal (J) No. 60 of 2006 and Criminal Appeal No. 02 of 2007, taken up together for judgment since both the appeals preferred against a single judgment dated 16.06.2006, passed by learned Special Judge (District & Sessions Judge), West Tripura, Agartala, in Special Case No. 18 of 2006. This single judgment shall govern both the appeals.

Criminal Appeal (J) No. 60 of 2006 filed by the convict-appellant Ranjit Sarkar under Section 374(2) of CrPC, challenging the judgment and order of conviction and sentence dated 16.06.2006, passed by learned Special Judge, in Special Case No. 18 of 2006, convicting the appellant under Section 20(C) read with Section 25 of the NDPS Act, 1985 and sentencing him to suffer RI for 12 (twelve) years and to pay a fine of Rs. 1,00,000/- (rupees one lakh), in default of payment of fine to suffer further rigorous imprisonment for 3(three) years.

Criminal Appeal No. 02 of 2007 is filed by the Inspector of Customs, DFP Unit, Customs Division, Tripura, Agartala under Section 378(4) of CrPC, challenging the judgment and order of acquittal dated 16.06.2006, passed by learned Special Judge, West Tripura, Agartala, in Special Case No. 1