- (1.) JUDGMENT :- Both these appeals involve common facts. These are, therefore, disposed of by this common order.
(2.) The dates, time and place of hearing of both the appeals were duly notified to their common counsel, Sh. N. L. Saran, Advocates appointed as Amicus Curiae for both the appellants. However, he did not appear for and on behalf of either of the appellants. The learned Public Prosecutor was, therefore, heard in both the appeals and orders were reserved with a view that if the counsel of the appellants appeared later on he may be heard. But despite waiting for the counsel for sufficiently long time, he did not appear for the appellants. The appeals are now being disposed off on merits.
(3.) The facts relevant and sufficient to dispose of the two appeals are these : On March 23, 1996 at about 1-15 p.m. PW. 6 Mohan Singh, Station House Officer, Police Station Bakani Distt. Jhalawar (Raj.) received a secret information to the effect that two persons were possessing bags, containing crushed capsules of opium poppy, at Maheshpura Bus Stop. The SHO reduced the said information in the General Diary (Ex. P9), informed his immediate superior office, P.W. 5 Dinesh Chand Chaudhary, Dy. S. P. and Circle Officer at Jhalawar requesting him at the same time to reach Maheshpura Bus Stop and left for the said bus stop along with his staff including PW. 2 Shankar Lal and PW. 4 Ram Narain, Constables. On reaching the Maheshpura Bus Stop he noticed the present appellants sitting on certain bags. He asked them to remain in that position. During the meanwhile the Dy. S. P. also reached there. The SHO then informed the appellants that they would be searched in the presence of the Dy. S.P. for their suspected possession of crushed capsules of opium poppy. It was noticed that the two appellants were possessing two bags each. The bags were opened in the presence of PW. 3 Ram Narain, the hotelwala who had been called to witness the search and seizure proceedings. The bags contained crushed capsules of opium poppy. Four specimen packets, one each from each of the four bags, were prepared. They were duly sealed with the seal of the SHO. The four bags were separately seized and sealed. The sealed packets and the sealed bags were taken to the police station, Bakani and handed over to PW. 7 Prem Singh, the Head Constable In-charge of the Police Malkhana at the Police Station. Later on the sealed packets were sent to the State Forensic Science Laboratory for Rajasthan at Jaipur (FSL) through PW. 1 Satender Constable for examination. On chemical examination, the water extract of the specimen samples gave positive test for the presence of the chief constituents of opium. The Assistant Director of the FSL, vide his report Ex. P. 20, accordingly reported that the samples were the dried crushed capsules of opium poppy from which juice had been extracted. ;