V. K. CHATURVEDI, J.

Roshan and Hakeem Ullah have filed this appeal against the judgment and order dated 23-9-1999 passed by Special Judge, E. C. Act, Basti in special case No. 27 of 1995 convicting the appellant Roshan under Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the Act" and sentencing him 15 years R. I. and fine of Rs. one lac. The appellant Hakeem Ullah was convicted under Section 20 (b) (2) of the Act and sentenced to five years R. I. and fine of Rs. 20,000.

2. Heard Sri D. S. Misra and Syed Wajid Ali, learned counsel for the appellants and learned A. G. A. Perused the lower Court record.

3. Both the appeals are connected. They are related to the same time and arrest of the appellants. Same question of law and evidence involved and they are being disposed of by a common judgment.

4. Appellants Roshan and Hakeem Ullah were arrested by S. O. V. P. Shukla on 29-9-1987 and from possession of the appellant Roshan about 4 Kg. Charas and from the possession of Hakeem Ullah about 10 Kg. Ganja were said to have been recovered at about 7. 30 p. m. for which a First Information Report was lodged against appellant Roshan in crim

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