JUDGMENT

Dr. (Mrs) Sarojnei Saksena, J. - By this order both the Criminal Miscellaneous petitions 27097 –M and 29255-M of 1997 are being decided as the subject – matter involved in both these petitions is identical in nature.

2. Petitioner’s learned Counsel contended that on 10-8-1997. Police party stopped truck No. HR-25-0769 by giving a signal two persons jumping from the truck ran away they could not be arrested. But they were identified by Raj Kumar as Teeta son of meet Singh and Sibba son of Meet. The other persons, who were found in the truck were petitioner harbans Singh who was driving the truck and Sarabjit Singh was sitting by his side, four other persons were sitting in the truck, whose names were Jita, Rana, Sokha and petitioner Pala. They were asked whether they would like to be searched before a Magistrate or Gazetted Officer, they declined such an offer and expressed that the Police Officer apprehending them may take their search; no independent witness was joined. The prosecution has alleged that 75 bags containing 40 kgs. of poppy husk each were seized from the truck and on that basis this case is registered against these accused persons. Petitioners applied for ba