- (1.) The present criminal appeals have been preferred by the appellants challenging the judgment and order dated 13/14.06.2008, passed by the learned Additional Sessions Judge, Hisar, (hereinafter as 'the trial Court'), convicting the accused (herein appellants) for committing offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short, 'the Act') of the Indian Penal Code, (for short, 'the IPC') and sentencing them to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- each and in default thereof, to further undergo rigorous imprisonment for a period of 03 years.
(2.) The brief facts of the case in hand, as recorded by the learned trial Court in para 2 of the impugned judgment, are reproduced as under:- 2. The prosecution case in brief, is this that on 12.8.2007 Sub Inspector Raj Singh along with other police officials was present at canal bridge, in the area of village Bithmara, in connection with patrolling duty and crime detection. In the meantime, a Maruti Car bearing No.CHR-4182 was seen coming and on seeing the police ahead the driver of that Car tried to turn back towards Surewala Chowk, but the persons present in the car were apprehended by the Sub Inspector with the help of other police officials and asked their whereabouts, the driver of the Car told his name as Satpal @ Satta son of Ram Dhari, resident of Bithmara and the other person who was present at back seat told his name Ram Chander son of Nand Ram, resident of Prem Nagar, Narwana. On checking the said car two bags were found. Expressing doubt of some narcotic substance in the bags Sub Inspector Raj Singh served notice Ex.P5 upon accused under Section 50 of NDPS Act apprising their rights to get the bags searched in the presence of Gazetted Officer or Magistrate. The accused vide their reply Ex.P6 reposed their confidence in SI Raj Singh and allowed him to take the search. SI Raj Singh checked the bags and on checking Chura post was found. Two samples of 200 Gms. each of poppy husk were separated from both the bags and remaining poppy husk was found to be 39.600 Kg. in each bag. The samples as well as remainder were made into different parcels and were sealed with seal of RS impression and were taken into possession of police vide separate seizure memo Ex.P7. The seal after use was hended over to HC Daya Nand. Thereafter SI Raj Singh sent ruqqa Ex.P1 to Police Station for registration of case on the basis of which formal FIR Ex.P2, was recorded........
(3.) Charges under Section 15 of the Act were framed against the accused-appellants to which, they pleaded not guilty and claimed trial.;