VIPIN SANGHI, J.

1. These appeals are directed against the common judgment dated 15.09.2010 passed by Sh. Sanjiv Jain, Special Judge, NDPS in S.C. No. N-48/08, convicting Appellant Chand Singh, Appellant Jasbir Singh and Appellant Narender Singh Jakhar for the offences punishable under Section 20 (b) (ii) C and Section 29 read with Section 20 (b) (ii) C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the Act’) and the order on sentence dated 17.09.2010, sentencing them to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1,00,000/- and in default thereof, to undergo simple imprisonment for a period of six months for offence punishable under Section 20 (b) (ii) C of the Act. Further they were sentenced to undergo rigorous imprisonment for a period of ten years and to pay the fine of Rs. 1,00,000/- and in default thereof, to undergo simple imprisonment for a period of six months for offence punishable under Section 29 read with Section 20 (b) (ii) C of the Act. Both the sentences were directed to run concurrently. The appellants were given the benefit of Section 428 Cr.P.C. Since common arguments have been advanced by learned counsel for the appellants appearing in these appeals, they are being recorded in common, and could be dealt with accordingly in this common judgment.

2. The brief facts as taken note of in the impugned judgment are that information was received by R.R. Kumar (PW-4), Superintendent, Narcotics Control Bureau (hereinafter referred as ‘NCB’) that two persons, namely, Chand Singh and Jasbir Singh involved in trafficking of hashish would come to collect charas from Narinder Singh Jhakhar, driver of funeral van HR-68-1558, near Hero Honda showroom, Peeragarhi, New Delhi on 31.12.2005 between 1800 to 1900 hours. The information was reduced in writing and forwarded to the Zonal Director who directed to take necessary action. Search authorization was issued in favour of Sh, R.K. Yadav (PW-1) I.O.

3. A raiding party comprising of R.K. Yadav (PW-1), Vikas Kumar (PW-2), N.S. Yadav (PW-5), Avinish Kumar (PW-6), P.C. Khanduri (PW-10) and Manoj Kumar proceeded to the spot in a government vehicle and reached there at 1800 hours. One independent witness namely Nafe Singh was joined. At about 1835 hours they located a funeral van no.HR-68-1558 which was parked in the service lane near Hero Honda showroom, Udyog Nagar, Peera Garhi. Some gunny bags were being unloaded from the van into a Marshal Jeep no.HR-13-A-0170. The raiding party encircled both the vehicles and the occupants, namely, appellant Narender Singh, appellant Chand Singh and appellant Jasbir Singh. On seeing the officers, they tried to run but they were apprehended. The NCB officers told them about the information and served them notices under Section 50 of the Act apprising them of their legal right to be searched before a Gazetted officer or a Magistrate, on which they recorded their refusal. On search, two gunny bags marked as A and B were found in the jeep HR-13-A-0170 and five gunny bags marked as C to G were found in the van HR-68-1558. All the seven bags on checking were found to contain dark brown, dry and hard substance which, on testing, gave positive for charas. All the three appellants were given summons under Section 67 of the Act to accompany the officers along with the vehicles to the NCB office. They reached the office at 2020 hours. There all the bags were again checked. The bags marked A to F were found to contain 20 packets each (wrapped in khaki colour tape). The bag mark G was found containing 28 packets. Each packet had four slabs. On weighing, each packet was found to be of one kilogram totaling to 148 kilograms. Two samples of 25 grams each were taken out from each bag and sealed with the seal of NARCOTICS CONTROL BUREAU – DZU 1 and given mark A-1, A-2 to G-1, G-2. All the seven plastic bags with remaining charas were put in different seven plastic bags. Test mem