Mohinder Pal, J.:- This judgment will dispose of the afore-stated two appeals as they arise out of the same First Information Report.

2. Mukhtiar Singh and Joginder Singh (appellants) have filed these appeals against the judgment of conviction and the sentence order dated 13.9.2005 passed by the learned Judge, Special Court, Kapurthala, whereby they were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay Rs.1 lac each, as fine, in default whereof to undergo further rigorous imprisonment for a period of two years.

3. It may be mentioned here that Mangal Singh alias Kala, Kashmir Singh and Balwinder Singh (co-accused of the appellants) had absconded and were declared Proclaimed Offenders by the trial Court.

4. As per allegations of the prosecution, on 25.11.1987, Inspector Hoshiar Singh along with Assistant Sub Inspector Balbir Singh and other police personnel was present at Tashpur Chowk in a government vehicle in connection with ‘Nakabandi’. At that time, a truck bearing registration No.PAT- 4984 came from the side of Village Malsian, which was signalled to stop. The Driver of the Truck, after coming down from it, tried to run away. On suspicion, he was apprehended. On an inquiry, he disclosed his name as Mukhtiar Singh (appellant). Four other persons, who were sitting in the truck, on inquiry disclosed their names as Mangal Singh alias Kala, Kashmir Singh, Balwinder Singh and appellant Joginder Singh.

5. When the truck was checked, it was found to contain 30 bags of poppy husk and 150 bags of fire clay powder. Inspector Hoshiar Singh gave an option to the accused as to whether they wanted to get the samples from the bags taken before any Magistrate or a Gazetted Officer. The accused reposed confidence in Inspector Hoshiar Singh. Separate consent memos of the accused in this regard were prepared.

6. Search of the bags was conducted. They were found to contain 40 Kgs of poppy husk each. One sample of 250 grams each was separated from the bags. The samples and the remaining poppy husk contained in the bags were separately sealed and taken into possession by the police. Rough site plan of the place of recovery was prepared. Ruqa was sent to the Police Station and on its basis formal First Information Report was registered against the accused under Section 15 of the Act. After registration of the case against the accused, they were formally arrested and memos containing grounds of their arrest were prepared.

7. After completion of investigation and on receipt of the report of the Chemical Examiner, report under Section 173 of the Code of Criminal Procedure was presented in Court against the appellants.

8. Charge was framed against the accused for the offence punishable under Section 15 of the Act. They did not plead guilty to the charge and claimed trial.

9. At the trial, the prosecution examined Head Constable Jarnail Singh (P.W.1), Superintendent of Police (Retd.) Hoshiar Singh (P.W.2), Assistant Sub Inspector Mela Singh (P.W.3), Assistant Sub Inspector Charanjit Singh (P.W.4), Kishan Singh, Steno, office of the District Transport Officer Gurdaspur (P.W.5), Sub Inspector Prem Kumar (P.W.6) and Kartar Singh (P.W.7).

10. In their statements recorded under Section 313 of the Code of Criminal Procedure, the appellants denied the prosecution allegations and pleaded false implication. No evidence was led by the appellants in their defence.

11. The Trial Court after scrutinizing the evidence held that the prosecution was able to prove its case beyond reasonable doubt and that 30 bags, each containing 40 Kgs of poppy husk were recovered from the appellants. The trial Court convicted and sentenced the appellants, as mentioned above.

12. I have heard the learned counsel for the parties and have gone through the records of the case.

13. At the outset, learned counsel for the