Judgment

Vinod Chatterji Koul, J.—By virtue of this appeal the appellants herein assail their conviction awarded by learned Sessions Judge, Kathua (for short “Trial Court”) for offence committed under Section 8 read with Section 15(C) of the Narcotics Drugs & Psychotropic Substance Act (hereinafter called as “NDPS Act”) for recovery of 720 Kg of Bukhi from their possession. The appellants were to undergo rigorous imprisonment for 20 days and to pay a fine of Rs. One lac for the commission of offence under section 8 r/w Section 15(C) NDPS Act.

2. The case of the prosecution, as emerges from the challan, reveals that on 19.08.2010 at 11.00 AM, the appellants, namely, Jaspal Singh S/o Roshan Singh, being driver and owner of the vehicle, and the helper, Harpal Singh S/o Roshan Singh, both residents of Dharam Kot District Mogo, were found in a Truck bearing No.PB12H-7041. When appellants reported for clearance of Truck at Export yard Toll Post Nagri Kathua, they stated that the truck is empty, but when the truck was physically checked by Excise Guard on duty, namely, Javed Iqbal, the truck was found loaded with filled gunny bags. The said Javed Iqbal, Excise Guard, immediately reported