INDERJIT SINGH, J. - (1.) THE present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 16.02.2001, passed by learned Addl. Sessions Judge, Sirsa, whereby they were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lac each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years each under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).
(2.) THE brief facts of the prosecution case are that on 26.10.1997, Inspector Raghbir Singh was posted as SHO, Police Station, City Sirsa. On that day, he along with ASI Budh Singh and other police officials was present at Rania Octroi Post, Sirsa at about 10.30 A.M. He received secret information against the accused - appellants. Then the police party formed a raiding party and joined Gurjit Kaur PW and went to the house of the accused -appellants. When they were near the house of the appellants, Malkiat Singh accused on seeing the police party ran away from his house but Nasib Kaur was found present at the house. A written notice Ex.PE was given to her, apprising her of the right that she could get the search of her house conducted in the presence of a Gazetted Officer or Magistrate. Nasib Kaur reposed faith in the Investigating Officer. Even then, Investigating Officer called Sadhu Ram, Executive Magistrate -cum -Naib Tehsildar Sirsa to the spot and after the arrival of Sadhu Ram, Investigating Officer offered himself for search and then conducted search of the house of Nasib Kaur which resulted in the recovery of opium wrapped in a polythene paper, which was kept in a pressure cooker. After arranging the weighing materials, sample 10 gms. of opium was separated and the remaining residue was found to be 2.990 kgs. The sample was put into a match box which was converted into parcel and the remaining opium was put in the pressure cooker, which was also converted into a parcel. Both the parcels were sealed with the seal of 'RS' and taken into possession vide recovery memo Ex.PD. Ruqa was sent to the police station, on the basis of which FIR was registered. Rough site plan was prepared. Accused was arrested. On return to the police station, case property was deposited with the MHC. Report under Section 57 of the NDPS Act was sent to SP Mahender Lal. Accused Malkiat Singh was arrested later on by SI Dalip Singh. After necessary investigation challan was presented against the accused -appellants.
(3.) ON presentation of challan against accused -appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused -appellants were charge -sheeted under Section 18 of the NDPS Act, 1985, to which they pleaded not guilty and claimed trial.;