1. 1. In the present case both the accused-appellants have been convicted by a common judgment dated 26.2.1996 passed by learned Special Judge, N.D.P.S. Act Cases, Udaipur and both of them were tried together in Sessions Case No. 252/93, therefore, I consider it just and proper to dispose of these two appeals by a common judgment. S.B. Cr. Appeal No. 227 of 1996 will be treated as leading case.

2. It is evident from the perusal of the judgement under appeals that both the accused appellants were charged Under Sections 8/21, 24 & 12 of the NDPS Act as well as Under section 471, Indian Penal Code together with Section 5 of the Registration of Foreigners Act, 1939.

3. The learned trial Judge after analytical discussion of the evidence available on record acquitted both the accused appellants Under Sections 8/21, 24 & 12 of the NDPS Act but found them guilty Under section 471 Read With Section 467, Indian Penal Code and convicted both the accused appellants to undergo seven years R.I. and a fine of Rs. 5,000/- and in default of payment to further undergo one year R.I.

4. The learned trial Judge Under section 5 of the Registration of Foreigners Act, 1939 convicted both the accused