Sunil Kumar Garg, J.- The above mentioned two appeals being S.B. Criminal Appeals No. 49/96 and 5 0/96 are being decided by this common Judgment as they have arisen from the same incident, though trial in the lower court has taken place separately and separate Judgment has been passed by the lower court.

2. Both theappeals have been filed by the accused appellants Ram Chandra and Birma Ram against the Judgment and order dated 19.1995 passed by the learned Special Judge, NDPS Cases, Udaipur in Sessions Case No. 241/94 & 242/94 by which he convicted both the accused appellants for the offence Under Section 8/18 of the Narcotic Drugs and Psychoirophic Substances Act, 1985 (hereinafter referred to as the NDPS Act’) and sentenced each of them to undergo ten years rigorous imprisonment and to pay fine of Rs. one lac, in default of payment of fine, to further undergo two years RI. Facts of S.B. Criminal Appeal No. 49/96 (Ram Chandra v. The State of Rajasihan & the Union of India)

3. Necessary facts giving rises to this appeal, in short, are as follows:-On 38.1984 at about 11.30 PM, PW6 Prem Raj Raihore, Sub Inspector, Central Bureau of Narcotics, Udaipur lodged a report Ex.P/10 t