M.R. Verma, J.—This appeal is directed against the judgment dated 30.12.2003 rendered by the learned Sessions Judge, Una whereby the appellants/accused (hereafter referred to as the accused persons) have been convicted under Section 15 of the N.D.P.S. Act (hereafter referred to as the Act) and each one of them has been sentenced to undergo rigorous imprisonment for five years and fine of Rs, 50,000/- and in default of payment of fine to undergo imprisonment for a further period of one year.

2. Case of the prosecution against the accused persons is that on 19.9.2002 at about 4.50 a.m. Police Inspector Rahul Sharma (PW-9) accompanied by a few other police officials, including HC Naresh Kumar (PW-3) was on Naka duty at Mehatpur Barrier. At that time H.R.T.C. Bus No. HP-22-379 bound from Delhi to Hamirpur arrived there and was stopped by the police party for the purpose of checking. On checking of the bus three bags Ext.P-2 to Ext.P-4 were found kept under seat Nos. 40, 41 and 42 occupied by the accused persons and Attachy Ext.P-1 was found kept between the feet of the occupants. 7 polythene bags containing poppy husk weighing 14 Kilograms was found in Attachy-case Ext.P-1, 5 p