Mr. Hemant Gupta, J.: - This order shall dispose of aforementioned two appeals i.e. CRA No.826-DB of 2009 & CRA No.1006-DB of 2009 preferred by Sucha Singh and Sukhminder Singh @ Happy respectively against the judgment of conviction and order of sentence dated 21.08.2009 passed by the Judge, Special Court, Barnala, whereby both the appellants were convicted for an offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as ‘the Act’) and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs.1 lac each. In default of payment of fine, the defaulter was directed to undergo rigorous imprisonment for a period of one year.

2. The prosecution case was set in motion on the basis of ruqa (Ex.PH) sent by Inspector Rajesh Kumar, SHO, P.S. Dhanaula on 27.07.2007 to the effect that he alongwith other police officials was present at the chowk in the area of Village Bhaini Jassa on 26.07.2007 in connection with special nakabandi and checking of the vehicles. At about 8.30 PM, a truck bearing No.RJ-31 G-6375 came from the side of Village Bhaini Jassa, which was signaled to stop by ASI Malkiat Singh. The driver of the truck instead of stopping the same, tried to sped away. Due to suspicion, the said truck was stopped. Inspector Rajesh Kumar alongwith HC Dhanna Singh came towards the driver side and apprehended the driver, whereas ASI Jagdeep Singh and HC Gurbachan Singh came towards the conductor side and apprehended the person sitting on the conductor side. Thereafter, ASI Jagdeep Singh alongwith other police officials checked the rear side of the truck, where three persons were found sitting on the gunny bags. Out of said three persons, two persons fled away by taking advantage of darkness, whereas one person was apprehended. In the meantime, one Tejinderpal Sharma son of Amrit Lal Sharma arrived there and he was joined in the police party. On enquiry, the driver told his name as Sucha Singh son of Ajmer Singh, whereas the person sitting on the conductor side and the person sitting in the backside of the truck told their names as Mohinder Singh son of Mela Singh and Sukhminder Singh @ Happy respectively. On further enquiry, they disclosed the names of their companions, who fled away, as Kheera Singh son of Atma Singh and Gobind Singh son of Ajmer Singh. Since Inspector Rajesh Kumar suspecting that the gunny bags lying in the truck have containing some illegal intoxicating substance, he informed all the accused about their rights and sought their option for search either in the presence of a Gazetted Officer or a Magistrate. All the accused persons opted that they wanted to get searched the gunny bags lying in the truck in the presence of a Gazetted Officer. Their statements in this regard were recorded separately. Thereafter, Inspector Rajesh Kumar requested DSP Pargat Singh, Sub Division Barnala, to reach at the spot. Pursuant thereto, DSP Pargat Singh, alongwith his staff reached at the spot at about 10.30 PM. After apprising himself, DSP Pargat Singh again informed all the accused about their rights and sought their option for search either in the presence of a Gazetted Officer or a Magistrate. All the accused told that they have faith in him and he could get the gunny bags searched. Separate consent memos in this regard were prepared. Under the orders of DSP Pargat Singh, the truck was got unloaded through the officials. 30 gunny bags were recovered from the truck. On opening, all the gunny bags were found to be containing poppy husk. Two samples of 250 grams each were separated from each bag and converted into separate sealed parcels marked as 1A/1B to 30A/30B. On weighment, the remaining poppy-husk in each bag came to be 34.500 Kgs. All the gunny bags and samples were sealed with the seals ‘RK’ belonging to Inspector Rajesh Kumar and ‘PS’ belonging to DSP Pargat Singh. After use, Inspector Rajesh Kumar handed over his seal to Tejinder