V.M.Jain, J.

1. This order shall dispose of above mentioned four Criminal Appeals, as all these appeals have arisen against the judgment and order dated 23.8.2003, passed by the Special Court, Mansa, convicting the accused- appellants under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentencing them to undergo RI for 16 years and to pay fine of Rs. 2 lacs each and in default of payment of fine to undergo further RI for two years each.

2. As per the case of the prosecution, on 22.3.2001, SI Hardevinder Singh, SHO along with ASI Gurtej Singh and other police officials had gone in the area of Village Borawal on Bhikhi Budhlada road in a government jeep to hold nakabandi on the bridge. In the meanwhile Kuldip Singh, Sarpanch arrived there on a scooter and on seeing the police party he stopped there and SI Hardevinder Singh was talking with him when at about 6.30 p.m., from the side of Village Borawal, one truck bearing No. HNN 4185 was seen coming. It was given signal to stop for checking. When the truck was stopped, SI Hardevinder Singh asked the name of the driver and the person sitting on the left-side seat of the driver. The driver of the truck disclosed his name as accused Satnam Singh while the other person sitting by his side disclosed his name as accused Randhir Singh @ Noni. While SI Hardevinder Singh was asking the name of these persons, in the meanwhile two persons who were sitting in the body of the truck ran away towards the fields of Village Borawal from the backside of the truck. Sub-Inspector Hardevinder Singh asked ASI Gurtej Singh and HC Yadwinder Singh to follow them but after sometime these police officials came back and ASI Gurtej Singh informed him that those persons had run away but stated that he knew both of them very well. He disclosed the names of those persons as accused Albel Singh and accused Harpreet Singh. Accused Satnam Singh and accused Randhir Singh were apprehended on suspicion. On checking of the truck it was found that in the body of the truck some gunny bags tied with Jute string were lying underneath a blue-coloured tarpal. Sub-Inspector Hardevinder Singh told accused Satnam Singh and accused Randhir Singh that the bags which were lying in the body of the truck were suspected to be of intoxicant substance and were required to be searched and they had a right to be searched in the presence of a Magistrate or a Gazetted Officer, whereupon accused Satnam Singh and Randbir Singh told SI Hardevinder Singh that the bags should be searched at the spot in the presence of a Gazetted Officer. Thereupon, SI Hardevinder Singh prepared the consent memos which were signed by accused Satnam Singh and Randhir Singh and were attested by ASI Gurtej Singh and Kuldip Singh aforesaid. Since no Gazetted Officer was readily available on account of late hours and the Government offices already having closed, SI Hardevinder Singh asked the Wireless Operator through wireless set that any Gazetted Officer from Mansa may be sent at the spot. After half-an-hour, at 8.30 p.m., Sh. Baldevinder Singh Romana, DSP, Sub-Division Mansa, along with gunmen reached the spot in Government Gypsy and he was told about the facts. Thereupon, DSP Balwinder Singh Romana told accused Satnam Singh and accused Randhir Singh that he was a Gazetted Officer and wanted to search the gunny bags lying in the body of the truck covered with tarpal, whereupon both the accused gave their consent that the bags may be searched in his presence. Consent memos were prepared separately and were signed by accused Satnam Singh and Randhir Singh. Thereafter, SI Hardevinder Singh under the supervision of DSP Balwinder Singh conducted search of the bags after removing the tarpal. On checking, it was found that there were 60 bags in all which were tied with the help of Jute string. After opening said bags, those bags were found to be having poppy husk. From each of the bags, two samples