(1.) Appellants have been convicted for having committed offence punishable under Section 8/20 of NDPS Act, sentenced to 20 years rigorous imprisonment and fine of Rs. 2.00 lacs each by the trial court vide its judgment dated 16.03.2013, which is impugned in this appeal.
(2.) Case of the prosecution, as is unfolded on perusal of the records is that, on 23.04.2009 during routine traffic checking one Tata Sumo vehicle bearing registration no. JKO1L-3508, on its way from Srinagar to Jammu, was stopped; its middle seat was occupied by accused Ghulam Mohd. Bhat and Feroz Ahmad, who had kept a bag(Toda) beneath their seat. They prevaricated checking of the bag which gave rise to suspicion. On checking, four packets were recovered smelling 'charas'(cannabis). On opening the packets, approximately 8 kg 'charas' were found, which was being carried by the accused for illegal trade to Mumbai. Report(docket) was prepared and sent to the police station through Constable Abdul Qayoom for registration of the case, based on which case has been registered as FIR No.24/2009, Police Station, Batote, District Ramban. Investigation of the case culminated in filing of challan(charge-sheet) on 25.07.2009.
(3.) Learned counsel for the appellants projected that:-