Raj Mohan Singh, J.

Vide this common order CRA-S No.1242-SB of 2003 and CRA-S No.1792-SB of 2003 are being decided as both the appeals have arisen out of the common judgment of conviction and order of sentence dated 13.06.2003 passed by the Judge, Special Court, Mansa vide which accused/appellants were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act') and were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/- each. In default of payment of fine, the accused were to undergo further rigorous imprisonment for six months. Co-accused Beeru Singh has died. The factum of his death has been verified, therefore, the appeal qua him stands abated.

2. The prosecution story started with the allegations that on 05.04.2001, the Investigating Officer ASI Surjit Singh along with other police officials was on patrolling duty in a government canter driven by Constable Harvinder Singh. When they reached on the pucca road, then one person namely Ram Singh took a lift upto village Joga. When the police party crossed about 100 karams from Jai Durga Maisar Mandir, then