JUDGMENT :

RAJIV SHARMA, J.

1. This appeal is instituted against judgment and order dated 04.08.2009, rendered by Special Judge, Ferozepur, in Sessions Trial No. 97 of 2009. Appellants Sukhpal Singh and Sukhdev Singh were charged with and tried for the offences punishable under Sections 21 (c) and 8 (c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act' for brevity). They were convicted and sentenced to undergo imprisonment for 14 years and to pay a fine of ' 2,00,000/- each, under Section 21 (c) of the NDPS Act. In default of payment of fine, they were ordered to further undergo imprisonment for four years. The motor cycle was ordered to be confiscated to the State under Section 8 (c) of the NDPS Act.

2. The case of the prosecution, in a nutshell, is that on 28.02.2008, SI Major Singh of CIA Staff, Ferozepur, received a secret information that Sukhpal Singh alias Sukha son of Darshan Singh and Sukhdev Singh alias Sukha son of Joginder Singh were the smugglers of heroin. On the intervening night of 26/27.02.02.2018, they had received a consignment of heroin from Pakistan. Same was kept concealed by them near border. On that night, they