The judgment established the importance of independent witnesses, the admissibility of disclosure statements, and the need for a test identification parade in cases involving contraband. It also emphasized the impact of delay in sending samples for examination and the lack of evidence against the co-accused.

Uma Nath Singh, J.

1. This judgment shall also dispose of two connected Crl. Appeals, 1601-SB of 2002 and 1664-SB of 2002 as all the Criminal Appeals arise out of a common judgment dated 25.9.2002 passed by learned Special Judge, Bathinda, in NDPSA File No. 8 of 1.2.1997 (RT No. 24 of 15.4.1998), holding all the accused-appellants guilty of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and sentencing them to undergo RI for ten years and to pay fine of Rs. 1,00,000/-, each. In default of payment of fine, they have been each directed to undergo further two years RI. The brief facts of the prosecution case are that on 2.10.1996 Inspector Parvinder Singh was holding pickets with HC Babu Singh and other police officials near a bus stand at Seikhpura. Gurmail Singh, a public witness, was also joined in the police party. In the meantime one Maruti car bearing No. CHK-6519 came from the direction of Talwandi Sabo. The car was stopped by Inspector Parvinder Singh. However, one occupant of the car ran away from the spot. His name was later on disclosed as Buta Singh son of Lal Singh, r/o V. Burj Dhilwa. But driver of the car namely accused Amin Chand was apprehended at the spot itself. Four bags were found lying in the car; the I.O. apprehended some contraband article in the bags; he expressed his suspicion to the accused, and asked as to whether he wanted to be searched in the presence of a Magistrate or gazetted officer, to which the accused consented for search in the presence of some gazetted officer. Consent memo Ex. PG of the accused was thumb marked by him and attested by PWs. Thereafter on a wireless message received from the I.O., DSP Bal Krishan reached the spot; he disclosed his identity to the accused, and he gave a further option to the accused that he has a right to get the search conducted before any other gazetted officer or Magistrate. But accused Amin Chand reposed confidence in DSP Bal Krishan and he gave his consent statement Ex. PB, which was also thumb marked by him and attested by PWs. Thereafter on the direction of the DSP, Inspector Parvinder Singh conducted search of four bags lying in the car and they all were found to contain poppy husk. A sample of 200 grams of poppy husk was separated from each bag and they were put into parcels. The residue of each bag came to 37 kgs and 800 grams. All the four samples and the bags were sealed. The sample parcels were sealed with seal of IO bearing impression PS. Sample seal Ex. P-1 was also prepared. All the parcels and sample seal were then taken into possession vide recovery memo Ex. PC, which were attested by the PWs. On personal search of accused Amin Chand, currency notes of Rs. 350/- were also recovered and were taken into possession vide recovery memo Ex. PE attested by PWs. Grounds of arrest were disclosed to the accused vide memo Ex. PH. A ruqa (Ex. PJ) was sent to the Police Station, on the basis of which a formal FIR Ex. PJ/1 was recorded. Statements of PWs under Section 161 Cr. P.C. were recorded. DSP Bal Krishan having received some wireless message on the spot went away. During further interrogation, accused Amin Chand made a disclosure statement regarding concealment of 14 bags of poppy husk near the house of Hakam Singh in an open place under some wild bushes and cotton plants within the revenue limits of village Seikhpura and accused Malkiat Singh alias Mita was sitting to take care of the same. Accused Amin Chand volunteered to get the contraband recovered from that place. A disclosure statement (Ex. PK) of the accused was recorded with his thumb impression, which was attested by PWs. Hence, a wireless messages was again sent to DSP Bal Krishan to reach the spot and the police party proceeded towards the spot along with accused Amin Chand. DSP Bal Krishan also reached the spot. On having seen the arrival of the police party, accused Malkiat Singh alias Mita who was on watch fled away from