Sham Sunder, J. - (1.) THIS appeal filed by Gurinder Singh son of Darshan Singh, and Lehmber Singh son of Lahora Singh,, through Jail, is directed against the judgment of conviction, and the order of sentence dated 20.04.2004, rendered by the Judge, Special Court, Jalandhar, vide which he convicted the accused( now appellants ), for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced them to undergo rigorous imprisonment, for a period of ten years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo further rigorous imprisonment for a period of nine months each, for having been found in possession of 72 bags, each containing 30 KGS of poppy husk, without any permit or licence.
(2.) THE facts, in brief, are that on 11.03.1993, Lajpat Singh, Sub Inspector, along with other police officials held a picket at the bridge of drain, Kanpur, on the basis of secret information of Kamaljit Singh, DSP. In the meanwhile, Avtar Chand alias Tara Chand an independent witness came there, who was associated with the Police party. At about 8.00 PM, a truck bearing registration No. PJQ -4255 came from the side of village Nagar, at a fast speed. Jasbir Singh, H.C, who was standing at the bridge of village Nagar, gave a signal to stop the truck. The driver of the truck, however, crossed that point. The truck was, however, captured with the help of the police officials. Lehmber Singh, driver and Narinder Singh, who was sitting on the bags, loaded in the truck in question, were apprehended at the spot, whereas, one person, who was sitting by the side of the driver, in the cabin, succeeded in running away. The name of that person came to be known as Gurinder Singh. The search of the truck was conducted, in accordance with the provisions of law, as a result whereof 72 bags were found lying therein. Each bag was found containing 30 Kgs poppy husk. A sample of 250 grams of poppy husk, was taken out of each of the bags, and the remaining poppy husk was kept in the same bags. The bags, and the samples, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. The truck, its registration certificate, tarpaulin, rope etc. were also taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The site plan was prepared. The statements of the witnesses were recorded. Kamaljit Singh Dhillon, DSP, reached the spot. Lajpat Singh, S.I. presented before him the information in writing Ex.PG, which was attested by him ( Kamaljit Singh Dhillon, DSP ). Narinder Singh and Lehmber Singh, accused were arrested, at the spot. Gurinder Singh, accused, who succeeded in running away, was arrested later on. After the completion of investigation, the accused were challaned . On their appearance, in the Court, accused Gurinder Singh and Lehmber Singh were supplied the copies of documents, relied upon by the prosecution. Charge under Section 15 of the Act, was framed against the accused, to which they pleaded not guilty and claimed judicial trial. Narender Singh, accused, however, absented from the Court and was declared proclaimed offender.
(3.) THE prosecution, in support of its case, examined Pal Singh, ASI, (PW - 1), who was posted as MHC at the relevant time, in the Police Station, and who tendered his affidavit Ex.PA, Nirmal Singh, H.C. ( PW -2 ), who took the sample parcels to the office of the Chemical Examiner, and after deposit of the same, handed over the receipt to MHC, Lachman Dass Tehang, ASI, ( PW -3 ), who arrested accused Lehmber Singh on 07.01.2002 as he had been declared proclaimed offender, Lajpat Singh, SI, ( PW -4 ), who investigated the case and made a consistent statement, with regard to the date, time and place of recovery, Jasbir Singh, ASI ( PW -5 ), a witness to the recovery, Varinder Singh, Junior Assistant, office of the Secretary, Regional Transport Authority, Jalandhar, ( PW -6 ), who deposed that Lehmber Singh son of Lahora Singh, resident of Sutlej Market, G.T. Road, Jalandhar was the owner of the truck, as per the registration certificate Ex.P -74, at the relevant time, Pal Singh, ASI, ( PW -7 ), who tendered his affidavit Ex.PA and Harbhajan Singh, Inspector, ( PW -8 ), who was the SHO Police Station, Phillaur, at the relevant time, and before whom, Lajpat Singh, SI, produced the case property, and the sample parcels, as also the accused, who after verifying the investigation and the case property, affixed his own seal, and prepared the sample impression of the seal. Thereafter, the Additional Public Prosecutor for the State, tendered into evidence the report of the Chemical Examiner Ex.PX, and closed the same.;