- (1.) By filing this appeal, the appellants have impugned a judgment and an order dated August 14, 2007, vide which they were convicted for commission of an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and sentenced to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs. 2,00,000/- each with a default clause.
(2.) It was allegation against the appellants that on May 16, 2006, at 12.50 PM, they were found in possession of four bags of poppy husk weighing 35.100 Kilograms each (total weighing 140.400 Kilograms) without any permit or licence.
(3.) The process of law was set in motion on an intimation Ex. PD sent by PW1 SI Gurtej Singh, which led to registration of an FIR No. 54 dated May 16, 2006, at Police Station Bareta, against the appellants. The trial Judge has noticed following facts regarding case of the prosecution: that on 16.05.2006 SI Gurtej Singh, alongwith a few other police officials, was going from village Kularian to village GorkhNath alias Nawan Gaon in connection with patrolling and checking of suspected persons. When the police party was two kilometers ahead of Bhakhra bridge, PW Bhola Singh happened to be there and was joined with the police party. When the police party reached at a distance of half kilometer in the revenue limits of village Gorkh Nath, both the present accused were seen sitting in the ditches alongwith four gunny bags. They tried to retract from the spot on sight of police contingent, but were apprehended on suspicion. Investigating Officer ascertained the names and addresses of the accused persons, told them, one after the other, that he suspected them to have some intoxicating material in the bags kept by them; that the bags were required to be searched; and that they had a right to have the bags searched in the presence of a Gazetted officer or a Magistrate on the spot or they could be taken before any of them, if so desired by them. Both the accused opted to have search of the bags conducted in the presence of a Gazetted Officer on the spot. Two memoranda were recorded in this respect. Investigating Officer then sent a wireless message to Police Station Bareta, to requisition a Gazetted Officer to the spot. After some time DSP Jhilman Singh reached the spot, on being apprised of the facts and circumstances of the case , revealed his identity before the accused as a Gazetted Officer and a Deputy Superintendent of Police and reiterated before the accused persons, one after the other, that they had a right to have search of the bags carried by them before him or before any other Gazetted Officer or a Magistrate. Both the accused opted to get the bags searched before him. Two memoranda were accordingly prepared. Having been so instructed by DSP Jhilman Singh, Investigating Officer searched the bags possessed by the accused persons and recovery Poppy husk therefrom. Investigating Officer separated one sample of 100 grams, each, from the contents of each of the four bags so recovered, made the four samples numbering 1 to 4 and remainder weighing 35 kilograms, each bag, into separate parcels, prepared sample seal and sealed the parcels with his seal bearing impression 'GS', took the case property as also the sample seal, prepared separately, in his possession by recording a memo to that effect, on failure of the accused to produce any permit or licence, wrote a note and sent it to the Police Station (where formal First Information Report was recorded). ;