JUDGMENT :

(Abhay S. Oka, J.)

1. Heard learned counsel for the appellants and learned counsel for the respondent.

2. In the present appeals, the challenge is to the conviction of the appellants for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”). The substantive sentence imposed on the appellants is ten years of rigorous imprisonment. The appellants were directed to pay a fine of Rs.1,00,000/- (Rupees One Lakh) and in default of payment of fine, to suffer rigorous imprisonment for two years.

3. It is not in dispute that the appellants have undergone the entire substantive sentence and a sentence for a period of six months in default of the payment of the fine. The High Court has upheld the order of conviction.

4. The first submission made by Mr. Ajit Sharma, learned counsel appointed as Amicus Curiae, is of the violation of the safeguard provided in Section 50 of the NDPS Act. He invited our attention to the evidence of Sanjay Singh (PW-4), a Police Officer who was present at the time of the seizure of the contraband. He also invited our attention to the cross-examination of the said witness in which