Mr. Inderjit Singh, J.: - The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 16.12.2008, passed by the learned Judge, Special Court, Ludhiana whereby, they were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs.1,00,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each under Section 15 of the Narcotic Drugs and Psychotropic Substances, Act 1985.

2. The brief facts of the prosecution case are that on 12.07.2005, SI Dharampal along with other police officials was present at canal bridge Dangian, where Amarjit Singh independent witness was joined in the police party. After some time a truck bearing registration No. PB-29E-9368 came from the side of village Rasulpur side and it was got stopped. It was being driven by accused Baljinder Singh and Rajinder Kumar @ Bahadur was sitting in the cabin. On suspicion, an option was given to them as to whether they want to get the search of the truck in the presence of some Gazetted Officer or Magistrate. They reposed confidence in the Investigating Officer. Then on search, eight bags lying in the body of the truck were found containing 35kgs. of poppy husk each. Two samples of 100 grams each were separated from each bag and the sample parcels and the bulk parcels were sealed with the seal of Investigating Officer bearing impression “DP” and the case property was taken into police possession vide recovery memo Ex.PD. Rough site plan Ex.PM was prepared. Ruqa was sent to the police station, on the basis of which, FIR was registered. Statements of witnesses were recorded. Accused were arrested. On return to the police station, case property along with accused were produced before SI Kashmir Singh, Addl.SHO, who verified the investigation and put his seal bearing impression “KS” on all the sample parcels and sample seal slip was prepared and SI Kashmir Singh himself deposited the case property with MHC Sham Singh. The case property was produced before the Illaqa Magistrate. After necessary investigation, challan was presented against the accused-appellants.

3. On presentation of challan against accused-appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused-appellants were charge-sheeted under Section 15 of the NDPS Act, 1985, to which they pleaded not guilty and claimed trial.

4. In support of its case, prosecution examined PW-1 ASI Jagpal Singh, who was associated with the police party headed by SI Dharampal. He deposed as per prosecution version and also deposed regarding recovery of poppy husk from the accusedappellants. He also deposed that on 13.07.2005, he produced the case property in the Court of Sh.Manoj Singla, JMIC (D) Ludhiana. The case property was seen and signed by the learned Magistrate. On 28.07.2005, he again produced eight parcels of 100 gms. each sealed with the seal of DP and KS along with eight bags before learned SDJM, Jagraon for the proceedings under Section 52 of the NDPS Act. Learned Magistrate took one sample of 100 gms. from each bag and then sealed the samples as well as the bags with the seal bearing impression “JW”. Then he deposited eight sample parcels sealed with the seal of “JW” and eight sample parcels sealed with the seal of “DP” and “KS” and eight bags containing 34.700 kgs. of poppy husk each sealed with the seal of “JW” in the judicial malkhana. He also deposed that all the parcels remained intact in his possession. PW-2 SI Kashmir Singh, before whom case property and accused were produced for verification mainly deposed the same facts. PW-3 Head Constable Sham Singh, is a formal witness, who tendered into evidence his affidavit Ex.PW3. PW-4 Constable Som Raj, is also a formal witness, who tendered into evidence his affidavit Ex.PW4/A. PW-5 SI Dharampal, is the In