V S.AGGARWAL, J. - (1.) THIS is an appeal filed by Chand Singh and others (hereinafter described as the appellants) directed against the judgment and order of sentence passed by the learned Addl. Sessions Judge, Ludhiana dated 4.3.1994. By virtue of the impugned judgment and order of sentence, learned trial Court held the appellants guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as the 'Act'). The appellants were sentenced to undergo rigorous imprisonment of ten years each and to pay a fine oil Rs. 1 lakh. In default of payment of fine, they were to undergo further rigorous imprisonment for two years each.
(2.) THE sum and substances of the relevant facts are that on 31.12.90, A.S.I. Gurcharan Singh was posted at Police Station Dakha. Accompanied by Constables Amar Singh and Maghar Singh besides Special Police Officer, Malkiat Singh and officials of BSF, he was present at the Railway Crossing Rurka Kalan Road. Secret information was received that appellants Chand Singh, Makhan Singh and Gaggi indulge in sale: of poppy husk in village Dakha and that they would be coming in a tractor-trolley, and passing through that road. On the basis of this information A.S.I. Gurcharan Singh scribed a Ruqa and sent it to the Police Station through Constable Amar Singh. On basis of that, A.S.I. Malook Singh recorded the formal First Information Report (in short 'F.I.R.'). No public witness was available. The police party held the picket. At about 12.30 a.m. a tractor-trolley driven by Gaggi, appellant arrived at the $pot. Chand Singh and Makhan Singh were sitting over the gunny bags in the trolley. A.S.I. Gurcharan Singh asked them to stop. Appellant Gaggi stopped the tractor. Appellants were asked to alight from khe tractor-trolley, but the appellants taking advantage and under the cover of darkiess escaped. The search of the trolley was effected. It was found to contain 23 bags of Soppy husk. The bags were weighed and found to contain 39 kgs. 500 gms. of poppy usk in each bag. 250 gms. was taken as a sample fr0m each bag. The samples and rest of bags were covered into different parcels and sealed with the seal of 'GS'. Specimen of the seal was effected and seal after use was given to Head Constable of B.S.F. All these articles were taken into possession vide a recovery memo duly attested by the witnesses. Rough site-plan was prepared and intimation was sent to the Senior Officers. All seized articles including samples were produced before Inspector, Rupinder Singh, Officer-Incharge, P.S. Dakha. He verified the facts and affixed his own seal of 'R.S.' on all the articles, which earlier had been sealed. Even Inspector Rupinder Singh affixed his seal of 'R.S.' on the chit in the form of specimen seal. The case property was deposited in the Malkhana.
(3.) THE samples were sent to Chemical Examiner, Patiala and report was received that it was poppy husk. Appellants were arrested on 3.2.91 from Ludhiana and on these broad facts, report under Section 173, Code of Criminal Procedure was filed against the appellants.;