Surjit Singh, J.

1. These two appeals, one by the State of Himachal Pradesh and the other by Mr. Jens Astrup, are directed against the same judgment, i.e. judgment dated 30.11.1996 of Sessions Court, Kullu, whereby Mr. Jens Astrup, who was tried for offences, under Section 20 of the Drugs and Psychotropic Substances Act, 1985, Section 14 of the Foreigners Act and Section 419 IPC, has been convicted for the later mentioned two offences and sentenced to undergo five years rigorous imprisonment and pay fine of Rs. 3000, in respect of offence, under Section 14 of the Foreigners Act and to undergo three years rigorous imprisonment and pay fine of Rs. 1000, in respect of offence, under Section 419 IPC, but has been acquitted of the offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.

2. Mr. Jens Astrup, hereinafter called accused, has appealed against his conviction and sentence for the aforesaid two offences, while the State has appealed against his acquittal, in respect of offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Case of the prosecution, as it emerges from the record, is like this. Accused Jens Astrup was