The judgment emphasizes the need for specific questions regarding presumption under Section 35 or Section 54 of the Act when examining the accused under Section 313 Cr.P.C., and highlights the importance of providing the accused with a fair opportunity to explain the case against them.

HARNARESH SINGH GILL, J.

1. The present appeal arises from the judgment and order dated 17.2.2014 passed by Special Court, Barnala vide which appellants Gurmail Singh and Kulwant Singh had been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act. 1985 ('Act' for short) and were 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, to further undergo rigorous imprisonment for a period of two years each as they were found in possession of 03 liters 360 ml of intoxicant liquid containing Codeine Phosphate and 500 intoxicant tablets containing Carisoprodal.

2. The brief facts of the case are that on 3.1.2012 ASI Jagtar Singh along with other police officials, when reached at link road within the revenue limits of Rureke Kalan, then from the side of Rureke Kalan, a motor cycle came. On seeing the police party, the driver of the motorcycle sped up the motor cycle and then slowed it. Due to suspicion, motorcycle was signalled to stop. Two persons were sitting on the motorcycle and one black colour bag was lying in the lap of pillion rider. On query, driver of the motorcycle disclosed his name as Gurmail Singh, whereas the pillion rider disclosed his identity as Kulwant Singh, besides other particulars. ASI Jagtar Singh gave his identity to both the persons and stated to them that he had suspected some contraband in the bag carried by them, so he intended to get the search conducted. He also apprised the accused of their right to get the search conducted in the presence of a Gazetted Officer or Magistrate. However, the accused reposed confidence in ASI Jagtar Singh and their consent memos Ex.PA and Ex.PB were prepared. Then ASI Jagtar Singh conducted search of the bag carried by the accused which led to the recovery of a plastic can containing intoxicant liquid, out of which two samples of 180 ml each were separated and remaining on measurement, came to 03 litres which was again put in the same plastic can and its separate parcel was prepared. On further search of the bag, a polythene bag was recovered which was found containing white coloured intoxicant tablets, out of which two samples of 10 tablets each were separated and remaining on counting came to 480 and its separate parcel was also prepared. All the parcels were sealed with the seal JS. Sample seal Ex.P1 was also prepared separately. Seal after use was handed over to ASI Sukhbir Singh. From the further search of the motorcycle bearing registration no. PB-12G-7902, RC of the said motorcycle, in the name of Bogha Singh, was also recovered. Then all the parcels of intoxicant liquid and tablets and sample seal Ex. P1 along with motorcycle and its RC were taken into possession vide recovery memo Ex. PC. From personal search of accused Gurmail Singh Rs. 200/- and from that of accused Kulwant Singh Rs. 90/- were recovered for which memo Ex. PD was prepared. Ruqa Ex. PE was sent to the police station on the basis of which a formal FIR Ex. PF was registered against the accused. Rough site plan Ex. PG was prepared. Grounds of arrest memo Ex. PH and memo of reasons for arrest Ex. PJ were also prepared. On return to the police station, ASI Jagtar Singh produced the accused, witnesses and entire case property before SHO/SI Bhupinder Singh, who verified the facts and then counter sealed and attested all the parcels and sample seal with his seal BS and he deposited the case property with MHC Baljinder Singh. Statements of the witnesses were recorded. Special report Ex. PK was also sent to the DSP who had seen the same vide his endorsement Ex. PK/1. On 4.1.2012 accused and case property were produced before the learned Ilaqa Magistrate by preparing the inventory. The learned Magistrate had taken representative sample from the plastic can after breaking the seal of it and also separated 10 tablets as sample from the bulk parcel of intoxicant tablets. Both the bulk parcels and both