Hon'ble Dr. GOMBER, J.—Accused-appellants Jaswant Singh, Trilok Kumar and Jagseer Singh have preferred this appeal against the judgment of conviction and order of sentence dated 29.11.2002 passed by learned Special Judge, N.D.P.S. Act Cases, Jaipur in Special Sessions Case No. 4/2002 whereby the appellants have been convicted for offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as 'the Act'), and sentenced with ten years' rigorous imprisonment and fine of Rs. 1,00,000/- (rupees one lac) each and in default thereof to further undergo two years' rigorous imprisonment.

2. The relevant facts of the case are that on 29.11.2001, Vijay Singh Meena, Superintendent, Narcotics, Jaipur received a secret information at about 1.30 p.m. to the effect that Jaswant Singh and Trilok Pandit along with one of their associates were engaged in illegal business of poppy straw and that they would be transporting the same in a truck bearing HR-26A/7671 to Ludhiana. After recording the information and sending a copy to the Deputy Commissioner (Narcotics) Kota and Gwalior, a raid party was constituted under his leadership and after obtaining their consent, two independent witnesses Prabhu Dayal and Rajkumar were asked to accompany the raid party as witnesses.

3. The raid party, consisting of Ajmer Singh, Sanjay Paliwal and Bajrang Lal and headed by Vijay Singh Meena, proceeded to the check post at Jaipur-Ajmer Highway.

4. At about 7.00 a.m., a truck bearing No. HR26A-7671 heading towards Jaipur came from Ajmer side, which was intercepted by Bajrang Lal in the presence of independent witnesses. Three persons were found sitting in the truck, out of whom Jaswant Singh was on the driving seat and the other two disclosed their names as Trilok Kumar and Jagseer Singh. They were informed about the receipt of secret information and the purpose of search to be made.

5. After giving requisite notice under Section 50 of the Act and making them aware of their legal rights of personal search and after getting their consent, Bajrang Lal, Sub-Inspector gave his own search and then started the search of truck as well as the three appellants in the presence of independent witnesses.

6. During the search, truck driver Jaswant Singh gave a consignment note No. 1435 issued by M/s. Kumawat Transport Company, Kuchamancity stating that the truck was loaded with sacks of salt. The truck was searched and on taking out the salt sacks, 83 jute bags containing poppy straw were found underneath. Each of the 83 bags weighed 40 kgs making the total quantity recovered as 3237 kgs. The recovered substance was weighed by one Sanjay Paliwal, Department of Weight and Measure and the substance contained in 83 bags was divided into 4 packets marked as A,B,C and D respectively. Out of the four marked packets, 2-2 samples of 500 gms. each were taken sealed and marked as A1A2, B1B2, C1C2 and D1D2 and remaining substance was sealed separately. The recovery documents were prepared at the spot and the seal which was used for sealing the packets was also sealed separately. Shri Bajrang Lal, Sub-Inspector took the remaining substance in the custody and after completing the search proceedings and after telling reasons for arrest, arrested the accused-persons.

7. The information of the proceedings under Section 57 of the Act was sent to the Superintendent at about 5.00 p.m. on the same day and on receipt of direction in this regard, the case was registered. The sealed bags/packets were deposited in the Malkhana and the remaining substance along with seized truck was deposited in the Department factory of Rajasthan Unit Headquarter, Kota.

8. During investigation, disclosure statement was made by Trilok Kumar to the effect that the goods had been loaded by Shish Ram from Kishangarh godown. At his instance, godown at Mandawri village Kishangarh was also sealed for physical verification and on 6.12.2001, sealed godown was opened and stock regist

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