- (1.) Vide this judgment, the above mentioned appeals will be disposed of as these have arisen out of a common incident/ judgment.
(2.) The appellants were convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide judgment dated 6.3.2007 passed by the trial Court. Vide order of the even date, the appellants were sentenced to undergo rigorous imprisonment for a period of twenty years and a fine of Rupees Two lacs each. Hence, the present appeals.
(3.) The prosecution story, in brief is that on 9.5.2005 Sub Inspector Harpal Singh was present along with other police officials in the revenue limits of village Nandgarh. Deputy Superintendent of Police Balbir Singh Khaira reached the naka and the vehicles were checked under his supervision. In the meantime, Avtar Singh @ Bhola came on a scooter and he was joined with the police party. A truck bearing No.PB-10Y-7491 came from the side of village Malko at about 7.15 a.m. The truck was signaled to stop. The driver of the truck disclosed his name as Kulwant Singh @ Bhola, whereas, the person sitting beside him disclosed his name as Harmesh Singh @ Kala. Kulwant Singh @ Bhola and Harmesh Singh @ Kala were apprised of their right that they could get their truck searched in the presence of a Magistrate or a Gazetted Officer or they could be produced before either of them along with their truck as it was suspected that they were carrying some narcotic substances. They were also informed that Deputy Superintendent of Police Balbir Singh Khaira was present at the spot. Kulwant Singh @ Bhola and Harmesh Singh @ Kala gave their consent that the truck be got searched in the presence of Deputy Superintendent of Police. Thereafter, Deputy Superintendent of Police Balbir Singh Khaira introduced himself to the accused and told them that he suspected that they were carrying some narcotic substance in their truck and a search was to be conducted. He gave them the option that they could get the truck searched before him or before a Magistrate or any other Gazetted Officer or they could be produced before them along with their truck. Both the accused reposed confidence in Deputy Superintendent of Police Balbir Singh Khaira. Thereafter, the truck was searched and 20 bags of poppy husk were recovered. Truck was loaded with 400 bags of lime powder. Two samples of 100 gms each were separated from each bag of poppy husk and were made into sealed parcels. The remaining poppy husk in each bag on weighment came to 29 kg 800 gms. The said bags were also sealed. Personal search memos of the accused were prepared. On the basis of ruqa (Ex.PK), formal FIR (Ex.PL) bearing No.57 dated 9.5.2005 under Sections 15 and 25 of the N.D.P.S.Act was registered in police station Jhunir District Mansa.;