Tarlok Singh Chauhan, J.

1. The appellants being aggrieved by the judgment and conviction passed by the learned Special Judge, Kullu, whereby they have been convicted and sentenced to undergo rigorous imprisonment for the terms of 15 years each along with fine of Rs. 1,50,000/- each, in default to undergo further simple imprisonment for the period of 18 months each for the commission of offence punishable under Sections 20 & 29 of the Narcotic Drugs & Psychotropic Substances (for short the 'NDPS Act') have filed the instant appeal.

2. The parties do not dispute that the case as set-out by the Narcotics Control Bureau (for short the 'NCB') has correctly been enumerated by the learned Special Judge, therefore, the same is extracted as such from the judgment.

3. The facts of the case as set-out by the NCB are that on 20.10.2014, a NCB team, consisting of A.C. Malla (PW9), Virender Singh, R.L. Negi, (PW10) Vinay Singh, all Intelligence Officers of NCB, Sub Zone Unit, Mandi, along with Sepoy, Surjit and Maheshwar as well as driver, Vijay Kumar were on surveillance duty in Kullu area. At about 6.30 p.m., a secret information was received by PW9, Shri A.C. Malla, who was posted as the Intelligence Officer in NCB Office Mandi, to the effect that on that day at about 8.30 p.m., accused Nilmani was likely to appear near a span owned by one Davinder Nath (PW5), installed at about one kilometer ahead of village Shat, towards Manikaran side. The said information was also to the effect that accused would signal three times with torch light towards other side of span and then, the persons from other side would sent contraband through span in trolley which will be received by accused Nilmani. PW9 Sh. A.C. Malla (I.O.) supplied the aforesaid information to Shri Nirbhay Singh (PW7), Superintendent (NCB), Zonal office, Chandigarh, on mobile phone, who directed him (A.C. Malla) on mobile to organize a surveillance operation and constitute a team consisting of above named officers and officials of NCB, for intercepting the accused, by placing 'NAKKA' in the said area. Thereafter, PW9 Shri A.C. Malla reduced the said information into writing, which is Ex. PW7/A, and it was supplied by him, on 22.10.2014, to Nirbhay Singh, Superintendent, NCB Zone Officer, Chandigarh, who made his endorsement on it.

4. On the directions of Nirbhay Singh (PW7), NCB officials' team went near to the said span and cordoned the spot. The place was isolated one, no local witness was available nearby the spot. At about 8.30 p.m. accused Nilmani was found coming on foot from Shat village side nearer to the span. When he (accused Nilmani) reached near the span, he gave signal three times, with the help of torch, towards other side of the span. After 5-7 minutes of his signal, some material was sent through span trolley from other side of the span, which was received by him and lifted from the trolley. After taking the said material from the trolley, when accused Nilmani started running I.O. A.C. Malla and other officials of the team, who had cordoned the spot, came near to him and I.O. asked his name and address. On asking by the I.O., he disclosed his name as Nilmani son of Shri Atma Ram, resident of Jamot, P.O. Khokhan, Tehsil Bhunter, District Kullu, H.P. Then, I.O. A.C. Malla introduced himself as well as the members of the NCB team to accused Nilmani and apprised the accused about secret information received by him. Thereafter I.O. A.C. Malla asked accused Nilmani about the bag and 'BORU' and about the contents therein, but he kept mum. Upon this, a notice Ex. PW9/A was issued to accused Nilmani under Section 50 of the NDPS Act by the I.O. Through the said notice, Ex. PW9/A, accused Nilmani was apprised about his legal right to give his search either in presence of a Magistrate or a Gazetted Officer. Accused Nilmani consented to be searched by the NCB officials/team present at the spot and put his signatures on the notice Ex. PW9/A. I.O. waited for the presence of