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 S