Mr. Kanwaljit Singh Ahluwalia, J.: - A secret information was received that Bakhshish Singh @ Bittu, Darbara Singh @ Sonu, Sandeep Kumar @ Deepu, Malkiat Singh @ Kaka and Davinder Kumar were transporting narcotic substance in a Cielo car bearing registration No.DL3CH-3737. Relying upon the secret information received, the police party apprehended the said vehicle on the early hours of morning on 29th December, 2004 and taken into custody three appellants, namely Bakhshish Singh @ Bittu, Darbara Singh @ Sonu, Sandeep Kumar @ Deepu, whereas the remaining two appellants, namely Malkiat Singh @ Kaka and Davinder Kumar, are stated to have escaped from the spot. From the above said Cielo car, four bags of poppy husk weighing 35 kg each and 4 kg opium were recovered, which led to registration of a case FIR No.228 dated 29.12.2004 at Police Station Phillaur, District Jalandhar under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, ‘the Act’).

2. The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted. Special Court at Jalandhar charged all the five occupants of the vehicle for offences puni