Mr. Hemant Gupta, J.: - This order shall dispose of aforementioned two appeals i.e. CRA No.826-DB of 2009 & CRA No.1006-DB of 2009 preferred by Sucha Singh and Sukhminder Singh @ Happy respectively against the judgment of conviction and order of sentence dated 21.08.2009 passed by the Judge, Special Court, Barnala, whereby both the appellants were convicted for an offence punishable under Section 15 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 lac each. In default of payment of fine, the defaulter was directed to undergo rigorous imprisonment for a period of one year.

2. The prosecution case was set in motion on the basis of ruqa (Ex.PH) sent by Inspector Rajesh Kumar, SHO, P.S. Dhanaula on 27.07.2007 to the effect that he alongwith other police officials was present at the chowk in the area of Village Bhaini Jassa on 26.07.2007 in connection with special nakabandi and checking of the vehicles. At about 8.30 PM, a truck bearing No.RJ-31 G-6375 came from the side of Village Bhaini Jassa, which was signaled to stop by ASI Malkiat Sin