1. Appellants-Sudarshan Bakaya aged 80 years and his wife Pushpa Devi alias Moong Phali aged 70 years (hereinafter to be referred as `accused') stand convicted under Section 20(B) of the Narcotic Drugs & Psychotropic Substances Act (hereinafter for short to be referred to as `the Act') and sentenced to undergo rigorous imprisonment for ten years each and to pay a find of Rs.1 lac each, in default thereof to further undergo rigorous imprisonment for one year each. They are stated to be in custody since the date of their conviction and also remained in custody as under trial prisoner for about 13-14 months.

2. In brief, the case of the prosecution is that on 15.09.1997, PW Mohd. Hussain Malik, the then Dy. SP (Bakshi Nagar Range) was on patrol duty, when at about 6 p.m. he received an information to the effect that both the accused who used to indulge in purchase and sale of charas, were keeping some charas in their residence. Finding the information to be reliable, he requisitioned the services of PW Kailash Chibber, the then SHO Police Station Bakshi Nagar and the police officials of Police Post Sarwal. He then raided the house of the accused in presence of two independent witnesses

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