MAHESH GROVER, J. - (1.) THREE persons, namely, Wassan Singh, Karnail Singh and Gurmukh Singh were convicted for having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lac each, in default of which they were further directed to undergo rigorous imprisonment for one year.
(2.) THE aforesaid conviction and sentence was awarded by the Additional Sessions Judge, Amritsar (hereinafter described as 'the trial Court') vide his judgment/order of sentence dated 27.3.1996, aggrieved by which the above- mentioned three persons have filed two separate appeals bearing Nos. 268-SB and 315-SB of 1996 which are being disposed of by this common order. On the night intervening 22nd and 23rd of April, 1991, the police party under the supervision of Sub Inspector Chain Singh, had set up a 'nakabandi' at the crossing on the road in the area of village Harike. The truck bearing registration No. PBN-6375 is said to have come from the side of village Sirhali, which was signalled to stop. It stopped at a distance of about 1/2 furlong from the nakabandi. In the process, two persons, namely, Karnail Singh and Wassan Singh are said to have made good their escape, while Gurmukh Singh, who was driving the truck, was apprehended at the spot. Upon search of the truck, it revealed the presence of consignment of 100 bags of poppy husk, each weighing 40 Kgs. Samples of 500 grams each were drawn from each of the bags. After drawing the samples, the bags were weighed again and each bag's weight came to 39-1/2 Kgs. The samples and the bags were sealed with the seal bearing impression 'CS' belonging to Sub Inspector Chain Singh, which, after use, was handed over to Assistant Sub Inspector Faqir Singh. The truck was also taken into possession vide a separate memo. On return to the police station, the case property with seals intact along with the truck was deposited with M.H.C. Jasbir Singh.
(3.) THE police, thereafter, upon receipt of the report of the Chemical Examiner, submitted challan against the appellants, who were charged by the trial Court under Section 15 of the Act, to which they pleaded not guilty and claimed trial.;