VIPIN SANGHI, J.

1. These appeals are directed against the common judgment dated 23.04.2010 passed by Sh. Sanjiv Jain, Special Judge, NDPS in S.C. No. N-104/08, convicting Appellant Ashok Kumar and Appellant Triloki Singh for the offences punishable under Section 20 (b) (ii) C and Section 29 read with Section 20 (b) (ii) C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the Act’) and the order on sentence dated 23.04.2010, sentencing them to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/- and in default thereof, to undergo simple imprisonment for a period of six months for offence punishable under Section 20 (b) (ii) C of the Act. Further, they were sentenced to undergo rigorous imprisonment for a period of ten years and to pay the fine of Rs. 1,00,000/- and in default thereof, to undergo simple imprisonment for a period of six months for offence punishable under Section 29 read with Section 20 (b) (ii) C of the Act. Both the sentences were directed to run concurrently. The appellants were given the benefit of Section 428 Cr.P.C.

2. The brief facts as taken note of in the impugned judgment are that a secret information was received by R.R. Kumar (PW-2) Superintendent, NCB that three persons namely Ashok Kumar, Ajay Pratap and Triloki Singh were likely to come near Dr. Karni Singh Shooting Range at Suraj Kund, Tuglakabad Road to deliver a huge consignment of Charas to some trafficker on 22.06.2006 at around 1400 hours in a black Scorpio with the registration number UP 31K 4455. The information was put up before the Zonal Director.

3. Sh. R.R. Kumar (PW-2) called Sh. Ajay Kumar (PW-1), I.O. and told him about the information and issued search warrant in his favor. A team under Ajay Kumar (PW-1) proceeded to the spot and reached there at 1300 hours. On the spot, one Madan Lal Aggarwal was joined as an independent witness. At about 1400 hours, they noticed the Scorpio which came from the side of Suraj Kund. It stopped at the gate of the shooting range, being driven by the appellant Triloki Singh. Co-accused Ajay Pratap Singh and appellant Ashok Kumar were on the rear seat. The persons on the rear seat got down from the Scorpio and waited for someone. When both of them sat in the vehicle, it started moving towards Delhi, the team intercepted the vehicle and encircled all of them. The team told them about the information and gave them their introduction and served upon them notices under Section 50 of the Act, apprising them of their legal right to be searched before a gazetted officer or a magistrate, on which they recorded their refusal. They were also shown the search warrant. On search of the Scorpio, nine white plastic bags which contained black colour solid substance in packets, duly wrapped with brown / yellow colour tape, weighing 246.00 kilograms were recovered. A small quantity from all the bags was taken out and tested with the field testing kit which gave positive result for Charas. The bags were given mark A to I and weighed with the help of spring balance. Two samples of 25 grams each were taken out from each bag and given corresponding mark A1, A2 to I-1, I-2. The bags and the samples were sealed with the seal of ‘NARCOTICS CONTROL BUREAU DZU’ using paper slips. Test memo in triplicate was prepared on which same seal impression was appended. A temporary RC and insurance policy was also recovered from the dash board of the vehicle and the case property was seized.

4. The prosecution claimed that summons under Section 67 of the Act were issued to all of them to appear in the NCB office where they tendered their statements admitting their role and their complicity in trafficking of Charas. They were arrested. Statement of panch witness was also recorded. The seizing officer and the arresting officer submitted their reports under Section 57 of the Act to the senior officers. The case property was deposited in the malkhana. The samples al