JUDGMENT :

RAMESHWAR VYAS, J.

1. The appellants-Sukh Preet Singh @ Kala and Gurpreet Singh have preferred S.B. Criminal Appeal No. 953/2016 under Section 374(2) Cr.P.C. against impugned judgment and order dated 11.03.2016 passed by Special Judge, N.D.P.S. Cases, Hanumangarh in Sessions Case No. 9/2014 (State of Rajasthan vs. Sukh Preet Singh @ Kala and Others) whereby the accused-appellants were convicted for the offence under Section 8/15(c) of the N.D.P.S. Act, 1985 and sentenced to undergo 10 years rigorous imprisonment with fine of Rs. 1,00,000/- each and in default of payment of fine, to further undergo 1 year additional rigorous imprisonment, whereas, the State has preferred S.B. Criminal Appeal No. 478/2016 under Section 378(iii) and (i) Cr.P.C. against acquittal of the accused Jasvinder Singh @ Chhinda by same judgment impugned, for the offences under Section 8/15 read with Sections 25 and 29 of the N.D.P.S. Act.

2. As per the prosecution story, on 08.08.2013, S.H.O., Police Station Tibbi, District Hanumangarh (PW-9 Swarndas) received an information that two suspected cars viz. Esteem Car No. PB-60-6999 and Indigo Car No. DL-1-C-9911 had passed from Hanumangarh side and he was asked to conduct Nakabandi along with police team, upon which, Nakabandi was made by the police at Tandoorwali Circle. During Nakabandi, two cars Indigo and Esteem came there, which were taken in control. In Esteem Car No. PB-60-6999, two persons were found sitting, who on asking, disclosed their names as Sukh Preet Singh @ Kala and Gurpreet Singh (appellants herein). During search of the car, total 15 plastic bags were found on the back seat of the car. On examining it, the same were found to be poppy straw, upon which samples from each bag were separated and after mixing it, one sample in duplicate of 1 kg. each was drawn, which was sealed in two separate bags. After preparation of memos, an F.I.R. No. 178/2013 was registered at Police Station Tibbi, District Hanumangarh for the offence under Section 8/15 of the N.D.P.S. Act. After necessary investigation, charge-sheet was filed against Sukhpreet Singh @ Kala and Gurpreet Singh (appellants herein), for the offence under Section 8/15 of the N.D.P.S. Act, 1985 and against co-accused Gurcharan Singh @ Charna for the offences under Sections 8/15 and 8/29 of the N.D.P.S. Act, 1985. Subsequently, the supplementary charge-sheet was filed against co-accused Jasvinder Singh @ Chhinda for the offences under Sections 8/15, 25 and 29 of the N.D.P.S. Act, 1985.

3. On charges being framed, all the four accused pleaded not guilty. The prosecution in support of its case got examined total 9 witnesses and certain documents were exhibited as Ex.P/1 to Ex.P/39. In the examination under Section 313 Cr.P.C. accused denied the evidence produced against them. The accused got examined two witnesses and document were exhibited as Ex.D/1 to Ex.D/7 in their defence.

4. The trial court after hearing the parties, passed impugned judgment dated 11.03.2016 convicting and sentencing the appellants Sukhpreet Singh @ Kala and Gurpreet Singh for the offence under Section 8/15(c) of the N.D.P.S. Act, 1985 and acquitted the accused Gurcharan Singh alias Charna and Jasvinder Singh @ Chhinda from all charges levelled against them. Aggrieved with impugned judgment of conviction, the appellants have filed Criminal Appeal No. 953/2016, whereas, the State has filed Criminal Appeal No. 478/2016 against the order of acquittal qua accused Jasvinder Singh @ Chhinda.

5. Heard learned counsel for the parties and perused the record of the case as well as judgment impugned passed by the trial court.

6. Learned counsel for the appellants in Criminal Appeal No. 953/2016 has limited his arguments regarding illegal and improper sampling of contraband alleged to be recovered in the present case. He has submitted that in the present case, as alleged by the prosecution, total 15 bags, containing poppy straw, were recovered from the Esteem car, however, only