Counsel for the appellants has further submitted that since the recovery was effected in presence of Rakesh Aggarwal, IPS officer, who was then posted as ASP Abohar and he has no enmity with these accused, therefore, he will not be in a position to assail the conviction of the accused. However, he has submitted that in the present case, recovery was effected on 16th September, 2002. About seven years are going to elapse and appellants have already suffered a protracted trial. It has further been submitted that the Court should take into consideration the age of the appellants as Pardeep Kumar was aged 27 years, Nisha 18 years and Neeraj Kumar was aged 32 years at the time of occurrence. They were coming from Delhi and were travelling towards Hanumangarh in Rajasthan, when they were apprehended at Abohar. It has also been submitted that the appellants, in their youth, were found in possession of the Smack, they in no way deal in the narcotic substance, nor they are the carriers. No case was registered earlier to the present case and thereafter also, no case has been registered against the appellants. It has been submitted that taking into consideration the antecedents, age and protracted trial, sentence awarded upon the appellants should be adequately reduced. Counsel for the appellants has submitted that all the three appellants have undergone about one year of their actual sentence. It has been stated that the appellants should not be sent behind the bars.
