T. Vaiphei, J.

1. This criminal appeal under Section 374(2), 1973 of the Code of Criminal Procedure read with Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for short) is directed against the judgment and order dated 16.5.2007 passed by the Ld. Special Judge (NDPS), Shillong, in Cr. (NDPS) Case No, 2 of 2006 convicting the appellants under Section 20(b)(ii)(C) of the NDPS Act and sentencing them to undergo rigorous imprisonment for a term often years with a fine of Rs. 1,00,000/- to be paid by each of them, and, an default thereof, to undergo another two years of rigorous imprisonment.

2. The case of the prosecution, briefly stated, is that on 7.2.2006 at about 8 P.M., the Superintendent of Police, East Khasi Hills District (Mr. A.R. Mawthoh), received a reliable information to the effect that some antisocial elements had crossed over from Bangladesh for going to Assam via Shillong and accordingly directed the Dy. S.P. Reorganization (Mr. Lethindra Sangma), to proceed to Umtyngar for frisking and checking vehicles. He was also instructed to take with him Sub-Inspector Y. Chhetri, the Officer-in-Charge of Ri-Bong Beat House. The said police