Judgment :-

Chandramauli Kr. Prasad, J.

1. Both the appeals arise out of the same judgment and as such they were heard together and are being disposed of by this common judgment.

2. The case unfolded by the prosecution and accepted by both the Courts i.e. trial and appellate Court is that on 18th October, 2002 at 9.20 A.M. PW.16, Brijesh Sood, Station House Officer, Police Station Sundernagar along with PW.8, Madan Lal, Assistant Sub-Inspector of Police and other Police personnel were present for a routine-check at Lalit Chowk at Sundernagar in the District of Mandi. Brijesh Sood received a secret information that a car bearing Registration No.HP-34-7700 is coming from Mandi side in which two persons are carrying huge quantity of `Charas'. The aforesaid information was reduced into writing and intimation to the said effect was sent to the Additional Superintendent of Police, Mandi. At about 10 A.M., one Maruti Esteem car bearing Registration No.HP-34-7700 came from Mandi side which was stopped by PW.16, Brijesh Sood and he found two persons sitting in the car, including the driver. Brijesh Sood made enquiry from the person who was driving the car and he disclosed his name as Dehal Singh (appellant in Criminal Appeal No.1215 of 2005) and the other person sitting on the front seat by the side of the driver-seat, disclosed his name as Dinesh Kumar, resident of Goa (appellant in Criminal Appeal No.1216 of 2005). Brijesh Sood gave option in writing to the accused persons, whether they want to give personal search or search of the vehicle before a Magistrate or a Gazetted Officer. Both the appellants gave their consent for being searched by him. Accordingly PW.16, Brijesh Sood searched the car and luggage lying inside the car but nothing incriminating was found either in the car or the luggage. A mechanic was called by PW.3, Churamani, who opened the shields of the windows/doors when packets of brown colour were found concealed between the shields and doors wrapped with black and red adhesive tape. On opening the packets, `Charas' in the shape of stick and chappatis was detected. Churamani was asked by PW.16, Brijesh Sood to bring weighing scale and weight. He brought the weighing scale from the grocery shop of PW.5, Ram Lal and on weightment 27 Kg. 800 gms. of Charas was found. Two samples of 50 grams each were taken out after mixing the entire charas. It was duly sealed.

3. Appellant, Dehal Singh produced the registration certificate along with driving licence and other papers concerning the vehicle. The appellants and seized Charas along with samples were taken to the Police Station where the personal search of the appellants was conducted. The samples of the Charas and other articles recovered from the personal search of the appellants were deposited with PW.8, Additional Malkhana Head Constable, Rajinder Kumar for safe custody. First Information Report was thereafter drawn and a special report sent to the Superintendent of Police. PW.8, Rajinder Kumar sent one parcel of the sample to the Chemical Examiner, who in his report opined that it contained Charas. After usual investigation charge-sheet was submitted against the two appellants and ultimately they were put on trial. They pleaded not guilty and claimed to be tried.

4. The prosecution in support of its case has all together examined 16 witnesses besides various other documentary evidence were also brought on record. In their statements, under Section 313 of the Code of Criminal Procedure appellants pleaded false implication and both of them have stated that the appellant, Dinesh Kumar had taken lift in the car from Kullu to Delhi.

5. On appreciation of the evidence the trial court held both the appellants guilty under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of Rs.1,00,000/- each and in default of payment of fine to suffer rigorous imprisonment for a