Sham Sunder, J.:-This judgment shall dispose of Crl. Appeal No. 103-SB of 1994, filed by Mandip Singh, Sewa Singh and Raghbir Singh, against the judgment of conviction and the order of sentence dated 22.02.1994, rendered by the Court of Additional Sessions Judge, Kapurthala, vide which it convicted them, for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the ‘Act’ only) and sentenced them to undergo RI for a period of 10 years each and to pay a fine of Rs.1 lac each, in default of payment of fine to undergo further rigorous imprisonment, for a period of 1-1/2 years each, for having been found in possession of 18 bags each containing 30 Kgs 250 grams poppy husk, without any permit or licence, and Criminal Appeal No. 1077-SB of 2000, filed by Manjit Singh, appellant against the judgment of conviction and the order of sentence dated 19.09.2000, rendered by the Judge, Special Court, Kapurthala, vide which he convicted him, for the offence, punishable under Section 15 of the Act and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo further rigorous imprisonment, for a period of 1 year, for having been found in possession of 18 bags each containing 30 Kgs and 250 grams poppy husk, without any permit or licence.

2. The facts, in brief, are that on 07.01.1990 Puran Singh, SI/ SHO, Police Station Kotwali Kapurthala along with Surinder Singh, ASI and other Police officials held a picket on the metalled road, near village Dainwind, where at about 8.30 pm, a tractor trolley from the side of Kartarpur, came. The tractor was being driven by Manjit Singh, accused. Puran Chand, S.I. gave a signal by flashing his torch to stop the tractor, the make whereof was international. The truck was stopped by the driver thereof. Mandip Singh, Sewa Singh and Raghbir Singh, accused, were found sitting in the trolley. The accused were told by Puran Chand, Sub Inspector, that he wanted to conduct the search of tractor-trolley. Thereafter, he conducted the search of the same, as a result whereof, 18 bags , each containing 30 Kgs 250 grams poppy husk, were found lying therein, which had been covered under the dry paddy straw. From each bag, he took out a sample of 250 grams poppy husk. The remaining poppy husk came to be 30 Kgs in each bag. The same was kept in those bags. The bags, and the samples, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. The tractor trolley was also taken into possession, vide a separate recovery memo. The site plan was prepared. All the accused, aforesaid, were arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused were challaned.

3. On their appearance, in the Court, the accused were supplied the copies of documents, relied upon by the prosecution. Charge under Section 15 of the Act, was framed against the accused, to which they pleaded not guilty and claimed judicial trial. 3-A. It is pertinent to mention here that, a separate trial of Manjeet Singh, accused, was held, as he absented from the Court, during the course of prosecution evidence, and was declared proclaimed offender. Later on he was arrested.

4. The prosecution, in support of its case, examined Subhash Chander, Clerk, DTO Office, Kapurthala, (PW-1), Puran Chand, Inspector, (PW-2), and Skattar Singh, HC, (PW-3), in the Sessions case, out of which Criminal Appeal No. 103-SB of 1994 arose.

4-A. In the Sessions case, out of which Criminal Appeal No. 1077-SB of 2000 arose, the prosecution examined Puran Chand, retired DSP, (PW-2), Sukhdev Singh, MHC, (PW-3), Chanan Singh, C. (PW-4), Rajinder Singh, ASI, (PW- 5), and Surinder Singh, ASI, (PW-6). Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.

5. The statements of the accused, under Section 313 of the Code of Cr