Sabina, J. - (1.) VIDE this order, above mentioned two appeals would be disposed of, as they have arisen out of FIR No.120 dated 29.10.2004 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'Act'), registered at Police Station Bholath, Kapurthala.
(2.) APPELLANTS had faced trial in the above mentioned FIR. Trial Court vide judgment/order dated 08.08.2007/09.08.2007 ordered the conviction and sentence of the appellants qua commission of offence punishable under Section 15 of the Act. Hence, the present appeals by the appellants -accused.. Prosecution story, in brief, is that on 29.10.2004, Sub -Inspector (in short 'SI') Surinder Singh received a secret information that the appellants were carrying contraband in truck bearing No.JK -02 -A -1889. He further received the information that the contraband had been concealed in the wooden boxes of apples. On the basis of the said information, SI Surinder Singh sent ruqa for registration of FIR to the Police Station. A request was also made for sending a photographer and a Gazetted Officer to the spot. SI Surinder Singh, along with other police officials reached the spot. The truck in question was found parked there. Appellants were apprehended and they were informed of their right that they could get the truck searched in the presence of a Gazetted Officer or a Magistrate. Both the appellants declined to get the search of the truck effected from SI Surinder Singh. Thereafter, Deputy Superintendent of Police (in short 'DSP') Randhir Singh Uppal reached the spot. He introduced himself to the appellants and informed them that they had a legal right to be searched before some other Gazetted Officer or a Magistrate. Appellants reposed confidence in DSP Randhir Singh Uppal. On search of the truck, it was found that 81 wooden boxes contained poppy husk, whereas, the remaining 230 boxes contained apples. Some boxes were in broken condition. Six gunny bags were also loaded with the said boxes. On weighment, the total poppy husk weighed 6 quintals and 50 kilograms. The said poppy husk was put into 32 gunny bags weighing 20 kilograms each and the remaining 10 kilograms poppy husk was put into another gunny bag. All the gunny bags were tied and were sealed by the DSP with his seal bearing impression RS. SI Surinder Singh also affixed his seal bearing impression SS. The entire process was duly photographed by Constable Charanjeet Singh. The entire case property was taken in possession. Thereafter, the appellants were brought to the Police Station along with the case property and were produced before the Station House Officer (in short 'SHO') Mohinder Singh. SHO Mohinder Singh, after verifying the case property, sealed the same with his own seal bearing impression MS. Thereafter, the case property was deposited with MHC Balwinder Singh. Appellants were arrested on 30.10.2004. SI Surinder Singh, along with SHO Mohinder Singh, produced the appellants along with case property before the Area Magistrate. Charanjit Singh, photographer was called to the spot. Area Magistrate, broke the seals of the gunny bag. 250 grams of poppy husk was drawn as sample from each gunny bag. Sample parcels were prepared. Sample parcels as well as the remaining case property were sealed with the seal of the Area Magistrate bearing impression HS. They were also sealed with the seal of SI Surinder Singh bearing impression SS. The SHO, on return to the Police Station, deposited the case property in the Malkhana.
(3.) AFTER completion of investigation and necessary formalities, challan was presented against the appellants.;