Mr. S.P. Bangarh, J.:- Murder Reference No.5 of 2012, titled Narcotics Control Bureau, Chandigarh Zonal Unit versus Balwinder Singh @ Binda, Criminal Appeal No. D-365-DB of 2012, titled Balwinder Singh @ Binda versus Narcotics Control Bureau, Chandigarh Zonal Unit and Criminal Appeal No. D-371-DB of 2012, titled Satnam Singh versus Narcotics Control Bureau, Chandigarh Zonal Unit, pertain to common impugned judgment and order of sentence, therefore, these shall be disposed of by this common judgment.

2. It is the case of the prosecution that on 11.12.2005, a secret information was received by P.K.Sharma, the then Intelligence Officer (PW2) , Narcotics Control Bureau (‘NCB’ for short) to the effect that some persons indulging in sale of contraband were coming from Amritsar in an Indica car for supply of contraband at bus stand, Chandigarh. This information was reduced into writing by PW2 P.K.Sharma, who then presented the same before O.P.Sharma, Superintendent, NCB, who directed PW2 to lay a naka after organizing a team. On 12.12.2005, at about 01:00 a.m, a naka was laid near round-about of sectors 24 and 25, Chandigarh. At about 03:00 a.m, Mukesh Kumar and Sonu, two independent witnesses were associated in the investigation. Before their joining, notices Ex.PW2/C and Ex.PW1/A respectively were served upon Mukesh Kumar and Sonu independent witnesses.

3. At about 03:15 am, NCB team noticed a car coming from the side of Sector 25, Chandigarh going towards sector 24 Chandigarh, that was stopped a few yards away from the place of naka. Two persons wearing turbans ran away from the car, while the third who was also wearing turban, remained sitting in the car that was stopped at naka. P.K.Sharma, Intelligence Officer disclosed his identity to that person, as also, introduced his team to him. He also made a query about the identity of that person who disclosed his name as Satnam Singh son of Bachan Singh, resident of village Pidian, Tehsil Tarn Taran, police station Goindwal, District Amritsar. He was informed that he was suspected of carrying narcotic drugs in his car which is to be searched and before search of his car, he could search members of the NCB team who offered themselves before Satnam Singh for search. Satnam Singh (appellant in criminal appeal no. D-371-DB of 2012) declined to search the members of NCB team, however, he was informed that O.P.Sharma, a gazetted officer, was present in the team. Then Satnam Singh appellant was searched in his presence, as also, in the presence of members of the NCB team and the witnesses. During search of the door panel of left driver side, two packets wrapped in khakhi tape were found in cavity of door panel. During search of the car, after opening zip of the seat, cover of rear back seat two more similar packets wrapped in khaki tape were recovered.

4. Satnam Singh appellant, on inquiry disclosed that packets contained heroin that he had brought from Amritsar with the assistance of Balwinder Singh @ Giani (appellant in criminal appeal No. D-365-DB of 2012) and sarpanch for sale, thereof, in Chandigarh. Satnam Singh appellant further disclosed that Balwinder Singh appellant and sarpanch ran away when car stopped a few yards away from the naka. Packets suspected to contain the narcotic were tested with the help of drug detection kit and tested positive for heroin. All four packets were taken into possession vide recovery cum seizure memo Ex.PW1/C. Those were weighed and each packet weighed one kilogram. Then the packets were opened, each packet was wrapped in a polythene and again in a white coloured cloth bag with markene 7777, 2003. The white coloured cloth again contained one polythene packet in which white coloured powder and granules were found. The substance in the four packets were put in one big polythene packet and homogenous mixture was made and marked as Lot-A. Two representative samples of five grams each were drawn from the packet Lot A and were marked as sample A1 and