JUDGMENT :

Tarlok Singh Chauhan, J.

Since both these appeals arise out of a common judgment of conviction and sentence passed by the learned Special Judge, they were taken up together for consideration and are being disposed of by a single judgment.

2. The case of the prosecution in brief is that on 07.07.2015 SI Ankush Dogra alongwith HC Naresh Kumar No. 86, HC Harjit Singh No. 89, HHC Jagtar Singh No. 270, HHC Mukhwant Singh No. 422, C- Vikram Singh No. 249 and HHC Rajinder No. 328, left from Police Post Tahliwal for 'Nakkabandi' at Tahliwal Road vide Rapat No. 18. The nakka was laid at place Nangal Kalan near Rubber Tyre Factory on Tahliwal-Bathri road. At about 9:55 pm, a motor cycle came from Bathri side. The motorcyclist was asked by the police to stop for checking documents etc. He disclosed his name as Jagbir Rana, resident of village Palkwah, Tehsil Haroli, District Una, H.P. When the documents of motorcylce were being checked, one Maruti Swift Car of white colour bearing registration No. HP-24D-1666 came and behind this car a truck bearing registration No. HR-63-4638 was coming from Bathri side. Both these vehicles i.e. Car and Truck were stopped for the purpose of checking documents. The Swift car was being driven by appellant Jagat Singh. He disclosed that he was also the owner of the aforesaid truck and also disclosed that after unloading the goods they were going back to home at Majari, District Bilaspur, H.P.

3. The further case of the prosecution is that the truck was checked by the police party and during checking of the body of the truck, they found some empty sacks (Boru) out of which one sack was having something in it. On opening the plastic sack, it was found to contain popply husk/chura post. Since the planks on the floor of the body of truck were fixed with nut bolts, these were got removed by using socket wrench and upon removing the planks, it was noticed that in the empty space there is huge quantity of poppy husk that had been kept in plastic bags. These were taken out and counted and these were found to be 197 bags/packets.

4. HC Jagtar Singh was sent to bring an electronic balance from Tahilwal bazar and he brought the same. On weighing 197 bags of plastic total 335 Kg poppy husk was found. All the plastic bags were opened on the floor of the truck over the empty sacks. Thereafter, three samples of three Kg each were taken and marked as S-1 to S-3. The poppy husk samples were put in three different cloth parcels, each parcel was sealed with seal impression 'T. These samples were taken for the purpose of chemical analysis in the presence of Sh. Jangbir Rana and HC Naresh Kumar. Specimen of seal 'T' was taken on piece of cloth which bears the signatures of witnesses and accused and same was attested by SI-Ankush Dogra. The remaining poppy husk was put in 15 plastic sacks and each sack was sealed with seal impression 'T'. The aforesaid sacks were marked as Mark P-1 to Mark P-15. SI- Ankush Dogra filled NCB Forms in triplicate from column Nos. 1 to 8 and also ED embossed seal impression 'T' thereon. The Seal 'T' after its use was handed over to PW-2 Jangbir Rana. The recovered poppy husk along with truck bearing registration No HR 63-4638, Maruti Swift HP-24D-1666 along with nut, bolts, Panna, documents, keys were taken into possession vide memo Ext. PW-1/B in the presence of HC Naresh Kumar and independent witness Jangbir Rana.

5. Thereafter, SI-Ankush Dogra scribed a rukka and send the same through HC-Jagtar Singh to Police Station, Haroli. On the basis of rukka, F.I.R is registered by SI-Sanjay Kumar. During the process of recovery, sealing and weighing C-Vikram Singh had taken photographs. Investigating Officer also prepared the spot map and recorded the statements of witnesses as per their versions. Accused were arrested. Their personal search was also conducted in the presence of aforesaid witnesses. During personal search of accused persons no Narcotic substance was found.

6. After completing spot inv