Mr. Hemant Gupta, J.: - The instant appeal is preferred by Mohammad Rashad son of Yasin Muhammad, Nasreen Akhtar and Jamir @ Manu against the judgment of conviction and order of sentence dated 16.10.2010 passed by the Additional Session Judge, Amritsar, vide which appellants namely Mohammad Rashad and Nasreen Akhtar were convicted for the offences punishable under Sections 21, 23 & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as ‘the Act’) and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs.1,50,000/- on each count, whereas appellant Jamir @ Manu was convicted for an offence punishable under Section 29 of the Act and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs.1,50,000/-. In default of payment of fine, the appellants were ordered to undergo further rigorous imprisonment for a period of one year.

2. It has come on record that one of the appellants namely Nasreen Akhtar has preferred separate appeal bearing CRA No.527-DB of 2011. Since the said appellant has already filed the present appeal along with other co-accused, therefore, no separate orders are called for in CRA No.527-DB of 2011.

3. The prosecution case is that on 08.05.2006 at about 2.30/ 3.00 PM, appellants No.1 & 2, who are the Pakistani Nationals, entered India through Samjhauta Express at Land Custom Station, Attari Rail Station. After clearance of immigration formalities, both of them having common gate pass reported for customs clearance at Counter No.1, where Inspector Customs Rajesh Sarswat was officiating the clearance duty and Shri J.S.Gill, Superintendent was supervising the clearance of passengers. Inspector Customs Rajesh Sarswat noticed some false cavities in the two leather bags being carried by the accused. On suspicion, two independent witnesses namely Jasbir Singh and Kulwant Singh were called at the spot. Shri J.S.Gill, Superintendent disclosed his identity to both the accused and apprised them about their legal right to be searched in the presence of a Gazetted Officer or Magistrate. He also gave the option to the accused in this regard. Both the accused opted to be searched in the presence of a Gazetted Officer. The examination of their baggage was done in the presence of Shri Gill and the above mentioned witnesses. During the course of checking of leather bags, the false cavities were found in the inner side of the bags. Such cavities were cut opened with knife as a result of which 8 poly bags containing brownish white powder was recovered and on weighment, the same was found to be 2.610 Kilogrammes. During the course of search of third bag, two small cloth bags (guthis) containing two big size capsules were recovered. From the personal search of Mohammad Rashad, 35 capsules, which were concealed in pant and inner clothes worn by him, were recovered. During the personal search of appellant No.2 Nasreen Akhtar, which was conducted by lady Inspector Customs Neena Sood in the presence of independent witness Smt. Devi, 40 small size capsules concealed in her inner clothes and hair band were recovered. 1.090 Kilogrammes net heroin was recovered from these 77 capsules (75 small and 2 big) when cut opened with knife. 8 small poly bags containing 0.485 Kilogrammes of heroin were also recovered from the false cavities in the sandals worn by Nasreen Akhtar. The total quantity of heroin recovered from both the accused came out to be 4.185 Kilogrammes net. The recovered material was tested with the drug testing kit and the same was found positive for heroin. Three representatives of 5 grams each were taken from each lot and in total nine samples were prepared and sealed with the seal No.152 of Custom Division Amritsar. Thereafter, the statements of appellants No.1 & 2 under Section 67 of the Act and 108 of the Customs Act were recorded. In pursuance of such statements, the Customs Officials searched the house of appellant No.