- (1.) We have heard the learned counsel for the State.
(2.) This appeal by way of special leave arises out of the following facts: On 22nd November, 1999 PW.6-Sub-Inspector Manohar Singh along with other police officials was present on the bridge over the seepage drain near village Akkanwali. One Janak Raj, was also along with them. At about 7.00 a.m. Truck No. RJ-31 G-0859 driven by accused Bansi Lal came from the side of village Akkanwali. The truck was stopped on the signal of Sub-Inspector Manohar Singh and on enquiry the Driver disclosed his name as Bansi Lal son of Neki Ram, resident of Mira Khan Ki Dhani, Village Maur Bingar, Police Station, Fatehabad. Three other persons namely Nirbhai Singh, Gora Singh and Gurmit Singh were found sitting on the bags which were lying in the body of the truck. It also came to the notice of the Sub-Inspector that Gora Singh and Gurmit Singh were the brothers-in-law of Nirbhai Singh.
(3.) An offer under Section 50 of the Narcotic Drugs and Psychotropic Substances Act ( hereinafter called the 'Act') was made to the accused. They opted to be searched in the presence of a Gazetted Officer. DSP Baljit Singh (PW.1) was then requested to reach the spot. The truck was thereafter searched and 16 bags of poppy husk each containing 30 kg. were found in the truck. Samples etc. were taken and sent to the laboratory for analysis which opined that the contraband was indeed poppy husk. It also transpired during the investigation that Bhola Singh, the appellant before us, was a co-owner of the truck. He along with others was accordingly charged for an offence punishable under Section 15 of the Act whereas Bhola Singh and Bansi Lal were also charged under Section 25 thereof. The Trial Court on a consideration of the evidence convicted the accused and sentenced them to undergo 12 years RI each and a fine of rupees one lakh and in default of payment, RI for two years.;