Judgment

P. Venkatarama Reddi, J.—Five persons including the three appellants herein were charged under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘Act’) for having conscious possession of 640 Kgs. of poppy husk on 7.8.1989 without valid permit or licence. According to the prosecution case, they were all travelling in a truck belonging to accused No.5 in the small hours of 7.8.1989. The vehicle was checked at canal bridge near the village Dhange at about 1.30 A.M. by PW 2 ASI who was on the patrolling duty along with PW 4 (Head Constable) and two other constables. The vehicle was carrying 16 bags of poppy husk. Balbir Chand -appellant No.3 herein was driving the vehicle. One person who was sitting in the front seat by the side of the driver and another person sitting on the back side of the truck ran away leaving the vehicle. These two persons are said to be Swarna Ram Accused No.3 and Swatantra Kumar (since deceased). The other two sitting at the back i.e., appellants 1 and 2 and the driver of the vehicle -Appellant No.3 were apprehended on the spot. 16 gunny bags of poppy husk were recovered. 250 gms was taken out as sample fr