JUDGMENT :

(N.S. Shekhawat, J.)

This judgment shall disposed of two criminal appeals, i.e., CRA-S-618-SB-2003 titled as Budh Singh Vs. State of Punjab and CRA-S-882-SB-2003 titled as Swaran Singh Vs. State of Punjab, respectively, which are directed against the common judgment of conviction and order of sentence dated 06.03.2003 passed by the learned Judge, Special Court, Patiala, whereby, the present appellants were convicted under Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as `the NDPS Act) and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs.1,00,000/- each alongwith default stipulation.

2. The brief facts of the present case are that on 24.05.1998, ASI Jaswinder Singh Incharge, P.P. Gajewas alongwith other police officials was present in the area of village Achral Khurd and received a secret information that Swaran Singh and Budhu, both accused indulged in sale of poppy husk and they had concealed the same under the heap of Chaff and they also parked a trolley near the stack of chaff in the fields of Swaran Singh, accused and if raid was conducted, huge quantity of poppy husk could be recovered from both the accused. Finding the secret information reliable, the ruka Ex.PA was sent and on the basis of this, FIR Ex.PA/1 was registered by Nageshwar Rao, ASP. The police party joined Pritam Singh, Member Panchayat and the raid was conducted at the place disclosed by secret informer and Swaran Singh and Bhudu both accused were found lying near a tractor trolly in the land of Swaran Singh. The police party raised the suspicion that poppy husk could be there in the trolley, the notice under Section 50 of the NDPS Act was served upon them and the accused expressed their intention to get their search conducted in the presence of a gazetted officer.

3. Thereafter, Nageshwar Rao, ASP, was informed and he reached at the spot. He introduced himself to the accused and at his instance, the search was conducted in the trolley, which led to the recovery of seven bags, which were kept under the chaff in the trolley and six bags were containing 35 kgs of poppy husk each and seventh bag was containing 30 kgs of poppy husk. The samples were drawn as per the procedure and the sample parcel as well as gunny bags containing the residue, were sealed vide separate seals. The case property alongwith trolley were taken into possession vide memo Ex.PD, prepared by ASI Jaswinder Singh and nothing was recovered from the personal search of the accused. The grounds of arrest vide memo Ex.PG and PH were supplied to the accused and the statements of the witnesses were recorded. Special report was sent to SDJM Samana vide Ex.PK.

4. The case property was deposited with the MHC and on the next day, the same was produced before the SDJM, Samana vide application Ex.PL. After the presentation of the case property before the Court, ASI Jaswinder Singh again deposited the case property as well as seals with MHC Gurmail Singh and the sample parcels were sent to Chemical Examiner on 26.05.1998. The FSL report Ex.PH was received and as per the same, the samples parcel contained `chura poppy heads'.

5. After the completion of the investigation, the report under Section 173 Cr.P.C., was presented by the police in the competent Court. After perusal of the report under Section 173 Cr.P.C., the learned trial Court held that the offence under Section 15 of the NDPS Act was made out against the present appellants and both of them claimed trial by denying to the charge.

6. In support of the prosecution case, six witnesses were examined before the learned tri