Contraband-Conscious possession-Acquittal--Recovery of contraband items from body of truck-Appellants were seen occupying the drivers cabin of the truck-Appellants were not shown to be having any control over the contraband-Conscious possession not established.

Ranjit Singh, J.

1. Through this order the above mentioned four connected appeals, filed by five different appellants, are being disposed of together.

2. The appellants along with two others were prosecuted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") with the allegation that they were found in possession of 18 bags of poppy husk weighing 40 kgs. each carried in a truck in which the appellants were travelling. One of the co-accused, namely, Bhajan Singh son of Balkar Singh was found innocent and acquitted by the trial Court, whereas Inderjit Singh son of Darshan Singh is absconding and has been declared as a proclaimed offender. Remaining five accused are the appellants in the above noted four appeals. After their conviction, they have been sentenced to suffer identical imprisonment for a period of ten years each, coupled with fine of Rs. One lac each. In default of payment of fine, the appellants were further required to undergo R.I. for six months. They have now filed the above noted appeals.

3. The facts in brief are that on 19.6.1997, Inspector Rachhpal Singh, (now DSP), while posted as Incharge, CIA staff Patiala along with some other police officials had gone on patrolling duty towards village Wazirpur on Patiala Sangrur road. While present there Racchpal Singh, received a secret information to the effect that the appellants and their co-accused were indulging in the sale of poppy husk and further that they were taking poppy husk in truck bearing registration number PB-08L-6225, which they were to distribute in the villages Dilabarpura . Babu Singh was associated with the police party as an independent witness. Truck bearing registration number, referred to above, came from the side of Sangrur and was intercepted. It was being driven by Inderjit Singh accused (proclaimed offender). Bhajan Singh, allegedly came out of the truck and ran away from the spot. He, as such, could not be apprehended by the police party. The appellants, who were sitting in the drivers cabin, however, were taken into custody. Inspector Rachhpal Singh apprised them about the search which he wanted to conduct beside giving them option that the search could be conducted in the presence of gazetted officer or a Magistrate if they so desired. When the appellants opted for being searched in the presence of a gazetted officer, message was sent and thereafter Narjinder Singh Sekhon, DSP reached the spot. The DSP disclosed his identity and gave the appellants an option for being searched in his presence, to which they agreed. The truck was accordingly searched, leading to recovery of 18 bags of poppy husk. Samples, weighing 250 gms each were drawn from each bag. Each bag on weighment was found containing 39 kgs. and 500 gms of poppy husk. The bags and the samples were separately sealed by Rachhpal Singh Inspector and his seals bearing impression RS and that of DSP bearing NS were affixed. Contraband was seized vide memo Ex.PF along with truck, its registration certificate, tarpaulin and plastic rope. Ruqa Ex.PS was sent by the Investigating Officer through Joginder Singh HC and accordingly FIR Ex.PS/1 was recorded at Police Station Sadar, Patiala. Personal search of accused Inderjit Singh (proclaimed offender) and that of Ronqi Ram, Nek Chand, Gulzar Singh and Bholi lead to recovery of Rs. 500/- and a wrist watch, Rs. 75/-, Rs. 65/-, Rs. 45/-, Rs. 200/- and Rs.60/- respectively which were also seized vide different memos. Case property was deposited with Joginder Singh MHC with seals intact on the day of incident itself. On 22.6.1997, Bholi accused was interrogated when she suffered a disclosure statement revealing that she has kept concealed certain ornaments of gold wrapped in a glazed paper near T point of a road leading to Dilabarpur. The said ornaments were accordingly recovered and deposited with MHC Joginder Singh. Later Bhajan Singh accused was also arrested. Challan was