JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Respondents faced trial for alleged commission of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act ). Sans unnecessary details the prosecution version is as follows:

On 28.6.1987, Inspector Karnail Singh along with Head Constable Shamsher Singh, Head Constable Surjit Singh and other Police officials, were going from Moga to Talwandi dosanjh in Govt. Jeep for the search of suspects. When they reached on the crossing of Talwandi Bhangarian. Dosanjh, a bullock cart was seen coming from opposite side. Accused Sukhwinder Singh was driving that cart whereas his co-accused Kuldip Singh and Balbir Singh were sitting on bags carried on that cart on bags. The police party asked accused Sukhwinder Singh to stop the cart. Accused Kuldip Singh and Balbir Singh ran away whereas accused Sukhwinder Singh was apprehended at the spot. On search of the cart, 18 bags containing poppy husk were recovered from it. The weight of each of those bags was told to be 45 kg. by accused Sukhwinder Singh, 250 grams poppy husk was taken out as sample from each of the bags. The sample and the bags containing the remaining poppy husk were separately sealed with the seal and taken into possession vide recovery memo Ex.PA attested by HC Surjit Singh. The seal after use, was given to HC Surjit Singh. Specimen impression of the seal, Ex P.19 was prepared. The cart was also taken into possession through the same memo Ex.PA. The Inspector sent ruqa Ex.PB to the Police Station on the basis of which FIR PB/1 was recorded. Site plan (Ex.PC) was prepared. Statements of PWs were recorded. The bags were weighed on way back on the Saw Mill at Village Duneke. On return to the Police Station, the Inspector deposited the case property with seals with MHC Sukhdev Singh. The copies of the FIR and the Wireless message were sent to the higher authorities. Accused Kuldip Singh and Balbir Singh who escaped from the spot on the day of recovery were subsequently arrested by the Police on 23.7.1989 and 24.7.1989 respectively.

3. After completion of investigation charge sheet was placed. The Illaqua Magistrate, Moga committed the case to the Court of Sessions for trial under Section 15 of the Act. Charges were framed. As the accused persons pleaded innocence they claimed to be tried. In order to prove its accusations, two witnesses were examined and certain documents were exhibited. The accused Sukhwinder Singh took the plea that Inspector Karnail Singh (PW-2) was having enmity with him as he had a dispute of land with his relatives. Accused Balbir Singh took a similar plea. Three witnesses were examined to further the plea of innocence. After considering the evidence on record and the plea that there was non compliance with various mandatory requirements of the Act, the trial Court found the accused persons guilty and sentenced them to imprisonment for 10 years and to pay a fine of rupees one lakh each with default stipulation that in default of payment of fine each was to undergo further RI for two years.

4. Accused Sukhwinder Singh and Balbir Singh were directed to be taken to custody to undergo the sentence. Accused Kuldip Singh was absent and, therefore, the judgment was pronounced under Section 353(6) of the Code of Criminal Procedure, 1973 (in short the Code ). The Chief Judicial Magistrate, Faridkot was requested for his arrest and execution of warrant of sentence.

5. The accused persons filed appeals before the Punjab and Haryana High Court bearing No. 331 SB/1989 and 426 SB/1989. Before the High Court the only point urged was that the mandatory requirements of Section 50 of the Act were not complied with. The plea was resisted by learned counsel for the State on the ground that there was no need for complying with the provisions of Section 50 of the Act because the search was made of bags and not of any person. The High Court came to hold that the accused persons were sitting on gu