J. M. MALIK, J.

( 1 ) THIS order shall decide the above said two appeals. Both the appellants are Nationals of Nepal. They were sentenced to undergo Rigorous imprisonment for 14 years each under Sections 29 and 21 respectively of NDPS Act and to pay a fine in the sum of Rs. 1,00,000/- each for each of the offences separately, failing which they were to further undergo Rigorous Imprisonment for one year under each Section i. e. 29 and 21 of NDPS Act. Learned Additional sessions Judge further held that both the sentences would run concurrently and the appellants were given the benefit of Section 428 Cr. P. C.

( 2 ) THE facts of the prosecution case are these. On the night falling between 28/29. 01. 2000, eleven Nepali Nationals were travelling to bangkok by different flights at I. G. I. Airport, New Delhi. They were arrested. They admitted having swallowed capsules filled with Heroin. Few capsules were recovered from them at the spot and few were recovered as a result of evacuation in R. M. L. Hospital. On a follow up action on 31. 01. 2000, the custom officer raided room No. 102, Yak House, New Tibetan Camp, Majnu Ka Tila, Delhi in presence of two independent witnesses. Appellant