Since - the above said appeals have arisen out of a common judgment and order and the controversy to be decided is also common, as such both are being disposed of by this common judgment and order.

2. Both these appeals, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (here­inafter to be referred as 'Cr.P.C.'), are di­rected against the common judgment and order dated 11/12.5.1999 passed by the Additional Sessions Judge [Uttarakhand Cases], Dehradun in Special ST No.10/97, State Vs. Amit Kumar and Special ST No. 11/97, State Vs. Gazbi, thereby con­victing and sentencing each of the appel­lant/accused u/s 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') to undergo rig­orous imprisonment for a period of 10 years each along with fine of Rs.1,00,000/- each and in case of default in the pay­ment of fine, the defaulter was directed to undergo further two years' R.I.

3. Heard learned Counsel for the par­ties and perused the entire material avail­able on record.

4. In brief, the prosecution case is that on 9.12.1996 at about 8:00 P.M., P.W.1 S.I. Sudhir Kumar along with P.W.2 Con­stable Subhash Si