H. Barua, J.

1. Appellants, Shri Manik Debnath and Shri Lohit Debnath were tired by the learned Special Judge (Sessions Judge), Morigaon under Section 20 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, in short, the NDPS Act and sentenced both the appellants having found guilty under the charge vide judgment and order dated 16.9.2005 passed in Special Case No. 01/2003.

2. Appellant, Shri Manik Debnath was sentenced to undergo R.I. for 15 (fifteen) years with a fine of Rs. 2,00,000/- in default of payment of fine to suffer R.I. for another 6 (six) years, while appellant Shri Lohit Debnath was sentenced to undergo R.I. for 10 (ten) years with a fine of Rs. 1,00,000/- in default of payment of fine to undergo further R.I. for 3 (three) years.

3. Feeling aggrieved by and dissatisfied with the judgment and order of conviction impugned, this appeal has been filed by both the appellants from jail challenging its legality and correctness.

4. Appellant Manik Debnath had a cloth shop in Dry Fish Market at Jagiroad and had been doing Ms business in cloth alongwith appellant Lohit Debnath. Based on a secret in-formation about carrying of some contraband drugs by