Mehtab S.Gill, J.

1. This is an appeal against the judgment dated 7.7.2005 of the Special Court, Patiala, whereby the learned Judge convicted Lakhwinder Singh son of Mann Singh and Balwinder Kaur wife of late Amrik Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as "NDPS Act"). They were sentenced to twelve years R.I. and to pay a fine of Rs. one lac each. In default of payment of fine to further undergo R.I. for two years.

2. The case of the prosecution is that on 23.4.2002 SI Tejinder Singh, SHO Police Station Ghagga sent ruqa Ex.PM to Police Station Ghagga, stating that he along with SI Ajaib Singh, ASI Surinderpaljit Singh, Constable Labh Singh, Constable Faqir Chand, Constable Kulwant Singh, Constable Balwant Singh, Constable Jagtar Singh and Constable Baljinder Singh were present at Village Shahpur on a private vehicle in connection with the checking of religious places at the temple of Shahpur, which is named as Shahpur Tilla. When they stopped to check the temple of Shahpur Tilla, the police party saw a man and a woman sitting on plastic bags. On seeing that the police party was watching them, they took shelter