K.C. Puri, J. - (1.) BY this common order, I intend to dispose of Criminal Appeal No. 16 SB of 2007 filed by Mukhtiar Singh: Criminal Appeal No. 7 SB of 2007 filed by Devender Singh @ Pappu: Criminal Appeal No. 897 SB of 2007 filed by Sukvinder Singh ; Criminal Appeal No. 2578 SB of 2006 filed by Jasbir and Criminal Appeal No. 343 SB of 2007 filed by Palvinder alias Pillu as these appeals have arisen out of the common judgment and same incident. For convenience, facts are being taken from Criminal Appeal No. 16 SB of 2007.
(2.) MUKHTIAR Singh Appellant and aforesaid Appellants have directed the present appeal against the judgment dated 7.12.2006 and order dated 8.12.2006 passed by learned Judge, Special Court, Kaithal vide which accused/Appellants have been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short - the Act) and sentenced them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of three years. Briefly stated, the facts of the case are that on 23.9.2002, Inspector/SHO, Lachhman Singh along with HC Shiv Kumar and other police officials was present in the area of village Theh Banhera in connection with detection of crime. They saw a white colour Tata Sumo coming from the side of village Kakrala -Kakrali, bearing registration No. HR 09A 4895. On seeing the police party, they stopped the said vehicle. The said Tata Sumo was driven by Jasbir Singh. Sukhvinder @ Bittu was sitting by his side (conductor side), ran away from the Tata Sumo along with the bag. Both these persons were known to him previously because both the above said persons were driver in the taxi union at Cheeka. Two other boys were sitting in the Tata Sumo, who were apprehended at the spot, who told their names as Palvinder Singh @ Pillu son of Harbans Singh. Devinder Singh @ Pappu son of Amir Singh. On search, two bags were found in the diggy of Tata Sumo. The Investigating Officer suspected some narcotic substance in the bags, so Investigating Officer served notice under Section 50 of the NDPS Act to accused Palvinder Singh @ Pillu and Devinder Singh @ Pappu and offer was given to the accused as to whether they wanted to be searched by some Gazetted Officer or Magistrate. Upon this, accused opted to be searched by some Gazetted Officer.
(3.) ASP Sibash Kavi Raj, reached at the spot and on his direction the Investigating Officer checked the bags and found poppy husk in the bags. Two samples of 250 grams each were separated from each bags. One bag weighed 39kgs and 500gms of poppy husk and the second bag weighed 14kgs 500gms of poppy husk. Recovery memo was prepared at the spot. The Investigating Officer affixed his seal LS and ASP affixed his seal SK on all the parcels. The Investigating Officer handed over his seal after use to HC Shiv Kumar, whereas ASP Shibas Kavi Raj retained his seal himself. Two bags, four sample parcels and vehicle No. HR 09A/4895 were only taken into police possession.;