FATEH DEEP SINGH, J. - (1.) SINCE both these appeals are an outcome of same judgment and order of sentence dated 12.11.2009 of the Court of learned Special Judge, Patiala pertaining to case registered by way of FIR No. 104 dated 6.7.2008 under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) of Police Station Julkan are being disposed of by this common judgment. Both the convict appellants after having found guilty of commission of offence under Section 15 of the Act were sentenced as follows: - "To undergo rigorous imprisonment for a period of twelve years and to pay a fine of Rupees One Lakh, in default of payment of fine to further undergo RI for a period of one year."
(2.) AS the story of the prosecution goes on 6.7.2008, police from CIA Staff Patiala headed by ASI Harbinder Singh PW5 while present at Pul Tangri in the revenue estate of village Aaujan for checking bad elements as well as patrolling duty were given instructions by Inspector Jassa Singh PW2 after he received secret information. On the basis of this information, a naka was laid on the Patiala Pehowa road at the Markanda bridge. At about 5.30 PM, a white coloured car make Accent bearing registration No. UP -11 -J -6745 (in short, the Car) came from the side of Pehowa in which two persons were sitting. On signal, the persons tried to escape but were apprehended. The driver of the car disclosed his name as Sachin Sharma and the person sitting next to his seat revealed his name as Ankit Kumar, both present appellants. Meanwhile, on request, DSP Devinder Singh PW7 arrived at the spot who revealed his identity to both the accused and his status of being a Gazetted Officer. The police showed its resolve to search the car as they were suspicious that some contraband was being ferried. The accused were apprised of their rights under the law and their option of search either before the presence of a Gazetted Officer or a Magistrate was sought. Accused Ankit Kumar gave his consent Ex. PC and Sachin Sharma Ex. PD whereby they reposed confidence in DSP Devinder Singh. On the instructions of PW7, PW5 conducted search of the car from which five Jute Bags each containing poppy husk were recovered. As per the requirement, from each of the Jute Bags, two samples each of 100 grams were separately and individually drawn and prepared into separate parcels and were numbered and sealed with seal of the Investigating Officer bearing impression 'HS' and of the DSP bearing seal impression 'DS'. Sample seal impressions were also prepared. On being weighed, each of the residual Jute Bags was found to contain 39.800 kilograms poppy husk. The same were prepared into separate parcels with the same very seals and were taken into police possession through memo Ex. PE. All these proceedings were conducted in the presence of independent witness Sahib Singh who was handed over seal of the Investigating Officer. The car was taken into police possession through memo Ex. PF. Finding that the accused were not having any licence or authorization to carry this contraband, a ruqa Ex. PG was prepared and sent to police station leading to the registration of the FIR Ex. PA by ASI Gurpal Singh PW1.
(3.) THE accused were served with formal memos Ex. PH/1 and PJ/1. After recording statements of the witnesses, rough site plan of the place of the recovery Ex. PK was prepared and report under Section 57 of the Act Ex. PL was sent to the concerned quarter.;