under Section15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') and were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.3000/-

each alongwith default stipulation.

2. The brief facts of the prosecution case are that on 27.07.2003, ASI Surinderpaljit Singh alongwith other police officials, was going for patrolling from Nagri side towards village Nanhera. When the police party reached near the bridge of Bhakra canal, then two persons were found coming on motor cycle from the side of Nanhera by keeping a gunny bag in between them. These persons tried to slip away, but were nabbed on suspicion. Driver of the motor-cycle disclosed his name as Surjit Singh whereas the pillion rider as Mewa Ram. Then ASI Surinderpaljit Singh disclosed his identity to accused and told them that he was suspecting some contraband in the bag and that search of the bag was to be conducted and as to whether they want to get the search conducted in presence of gazetted officer or magistrate. On such disclosure accused persons reposed confidence in ASI Surinderpaljit Singh and then after recording consent statement (Ex.PB), search of t