Contraband - Presumption of culpable mental state - Presumption from possession of illicit articles - No presumption under Sections 35 & 54 of the Act should be used against the accused, unless he has been given an opportunity to rebut the same in his statement under Section 313 of the Cr.P.C. by calling upon to explain the circumstances which give rise to the presumption.

Virender Singh, J.

1. Vide this judgment, I am disposing of the aforesaid two appeals as they are arising out of one and the same FIR No. 66 dated 18-9-1992 registered at Police Station Amargarh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the Act).

2. It is worth mentioning here that appellant Paramjit Singh was declared as a proclaimed offender during the trial. He was subsequently apprehended. His case was segregated from his co- accused. He now stands convicted in a supplementary session case vide impugned judgment of learned Judge, Special Court, Sangrur, dated 16.4.2001, whereas aforesaid two appellants, namely, Karnail Singh and Labh Singh stand convicted vide impugned judgment of learned Additional Sessions Judge, Sangrur dated 6.10.2000.

3. It is pertinent to mention here that one Piara Singh son of Jagat Singh (Conductor), resident of village Balno also stands convicted alongwith aforesaid Labh Singh and Karnail Singh @ Kaila. As per the information received from the concerned criminal branch, he has not preferred any appeal against his conviction till today. Mr. Hoshiarpuri has also confirmed this fact from the concerned quarters. He states at the Bar that after suffering conviction, aforesaid Piara Singh was sent to District Jail, Sangrur, from where he was transferred to Central Jail, Jalandhar on 10.10 2002. As per the latest information received, he is serving his substantive sentence in Central Jail, Jalandhar.

4. The sentence suffered by all the appellants is 10 years and a fine of Rs. one lakh each being the minimum sentence provided for having been found in possession of commercial quantity of contraband.

5. In brief, the case of the prosecution is that on 18.9.92, SI. Mohan Singh (PW 1) alongwith other police officials including Head Constable Satnam Singh (PW2) were holding `Nakabandi as per directions of the DSP Malerkotla at T.Point, Bhatian, when one Gurbachan Singh came there. He was also associated with the police party. At about 12.40 A.M., a truck bearing registration No. PNP 2791 came from the side of Dhuri, which was signalled to stop with the help of Torch light. The truck driver stopped the truck. It was being driven by appellant Paramjit Singh, whereas Piara Singh was sitting along with him. Appellants Karnail Singh Labh Singh were sitting on the back side of the truck. It is then the case of the prosecution that aforesaid S.I. Mohan Singh told all the persons that search of the truck was to be conducted and he asked for their consent with regard to the search of the truck in the presence of Gazetted Officer or Magistrate. All consented for the search by him (SI. Mohan Singh). The consent memo Ex. P A was recorded in this regard which was thumbmarked by all the accused and attested by the aforesaid HC, Satnam Singh (PW2) and Gurbachan Singh, independent witness. Thereafter, search of the truck was conducted, which led to the recovery of 150 bags of poppy-husk. A message was sent to DSP Malerkotla for reaching the spot. Out of each bag, two samples of 250 grams each were separated and converted into two parcels. The remainder of poppy husk on weighment from each bag turned out to be 40 kg. All the sample parcels and the bags containing remaining poppy husk were then sealed by the seal of SI. Mohan Singh having inscription `MS. The sample seal chit was separately prepared and seal after its use was handed over to HC Satnam Singh. The entire case property including the truck was taken into possession vide separate memo Ex. PB attested by aforesaid prosecution witnesses. The permit and registration certificate of the truck were also taken into possession vide separate memo Ex. PE. DSP Sukhdev Singh Brar (PW3) also reached the spot and made certain inquiries from the appellants and thereafter, affixed his own seal bearing impression `SS on all the samples, the bags containing remaining "poppy husk as well as on sample seal chit." Thereafter, a ruqa