Judgment

Sanjeev Kumar, J.—These two appeals, one filed by Ali Mohd the driver and the other by Mukhtar Ahmed, the conductor of the Truck, wherefrom the alleged contraband was seized, are directed against the judgment of conviction and order of sentence passed on 28.11.2008 by learned Sessions Judge, Ramban [the trial Court] in File No. 15/C titled State vs. Ali Mohd and another. The trial Court has convicted both the appellants for offences under Section 20 (b) (ii) (C) read with Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ( hereinafter ‘the NDPS Act’) and has sentenced both to undergo Rigorous Imprisonment for a period of 12 years and a fine of Rs. 2 lacs each. In case of default in payment of fine the appellants have been directed to undergo further rigorous imprisonment for a period of one year.

2. Before we advert to the grounds of challenge urged to assail the impugned judgment, it is necessary to first give brief resume of the prosecution case.

3. As per prosecution, on 24.09.2006, Constable Altaf Hussain presented a docket in Police Station Chanderkote for registration of FIR. As per the docket, Sachinder Pal Singh, PSI along with SHO Ghulam Huss