1. Criminal Appeal in hand is directed against the Judgment and Order of 2nd Additional Sessions, Jammu dated 26th September’ 2006, whereby the Trial Court has held the appellants guilty of offences punishable under Section 8(C) read with Section 21(C) Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as N.D.P.S Act) and sentenced the appellants to undergo ten years rigorous imprisonment and a fine of Rs. 1 Lakh each and in default of payment of fine to undergo rigorous imprisonment for a further period of one year each.

2. The background facts are as under:-

Police Station, Gandhi Nagar, Jammu on 27th of March 2003 received an information from a reliable source that the appellants and absconding accused traveling in Maruti Car under registration number JK02K- 7659 were in the process of smuggling Brown Sugar and Heroine out of State from Jammu to Pathankote. The report led to registration of case FIR No.96 of 2003 under Sections 8/22/29 N.D.P.Act, 1985 by Police Station, Gandhi Nagar, Jammu. The copy of FIR was forwarded through Constable Mushtaq Ahmed No. 2045-J to PSI, Wasim Raja, In-charge Naka at Gole Market, Gandhi Nagar, Jammu. On receipt of the cop

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