Sudhanshu Dhulia, J.

The above two criminal appeals of the appellants arise out of a common judgment dated 02.12.2011 passed by the Additional Sessions Judge/First Fast Track Court, Nainital in Special Sessions Trial No. 18 of 2010 and Special Sessions Trial No. 19 of 2010, whereby the learned Additional Sessions Judge/First Fast Track Court, Nainital convicted the appellants under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (from hereinafter referred to as the “NDPS Act”) and has sentenced both the appellants to undergo rigorous imprisonment for a period of ten years with a fine of Rs.1,00,000/- (Rupees One Lakh Only) each and one year simple imprisonment in case of default in payment of fine.

2. Brief facts of the case are that on 02.01.2010 at about 4:00 pm, a police party, consisting of Station Officer - Bheem Bhaskar Arya, Constable - Santosh Kumar, Constable - Jeevan Lal and Driver - Pooran Singh Dangwal were on a routine patrol duty. This police party apprehended two persons (the present appellants before this Court), who were carrying handbags on their shoulders. They were apprehended at the check post at Dhanachulli band. It is alleged that the