Order

These two appellants, along with two others, were found guilty by the District Judge, Ludhiana for the offences punishable under Sections 18, 22, 23, 25, 28, 29 and 30 of the N.D.P.S. Act and Section 120B of the Indian Penal Code. Two of them i.e. Tarlochan Singh, S/o Chet Singh and Devinder Singh were acquitted by the High Court and the present appellants i.e. Balwinder Singh and Tarlochan Singh, S/o Darshan Singh were found guilty. It is against this that the appellants have come up before this Court by way of these appeals, i.e. Criminal Appeal No. 547 of 2004 was preferred by Balwinder Singh and Criminal Appeal No. 548 of 2004 was preferred by Tarlochan Singh.

Criminal Appeal No. 547 of 2004 :

2. The facts of this case are that on 6.1.1988 two trucks bearing Registration No. PJA 8677 and DIL 3372 were intercepted by the Central Excise and Customs Department, Ludhiana Division. The officers of the Customs Department conducted search of the vehicle in the presence of witnesses and it was found that the truck bearing registration No. PJA 8677 was having a secret compartment and found that 175 Kgs. of hero­ine and 39 Kgs. of Opium of foreign origin were concealed in this chamber