A.K. Awasthy, J.

Appellants/accused have filed these appeals u/s 374, Criminal Procedure Code, against the judgment and order dated 8-10-1998, In Special Case No. 64/97, passed by the learned Special Judge NDPS Act Mandsaur, Shri Jagdish Prasad Parashar.

Appellant Hardeosingh has filed Appeal No. 1289/98 and appellant Balveersingh has filed appeal No. 1299/98 of their conviction and sentence for the offence punishable u/s 8/15 and 8/18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') for 10-10 years' R.I. and a fine of Rs. 1 lac each and in default of payment of fine further R.I. for 2-2 years.

Appellant/accused Azam Khan and Abbas Khan have filed appeal No. 1287/98 against their conviction and sentence for the offence punishable under sections 8/29 and 8/18 of the NDPS Act for 10-10 years' RI and a fine of Rs. 1 lac each and in default of payment of fine further R.I.. for 2-2 years.

Appeal No. 1295/98 is filed by appellant Siso against the order in the impugned judgment of the confiscation of the truck u/s 60(3) of the NDPS Act.

Prosecution case is that on 1-5-1997 at about 9.45 AM when the officers of the CBN (Prevention of Smuggling in Narcotics Department) were checking the vehicles at Nimbaheda-Jawad Road then signal was given by the Superintendent CBN N.C. Vijay (PW7) to check truck No. DIG-4753, but the said truck took the speed and, thereafter, it was stopped by the officers of the CBN. That accused Hardeosingh and Daljeetsingh came down from the driver seat of the truck and NC Vijay (PW7) told them that they are suspected and he want to take their search. N.C. Vijay (PW7) has apprised accused Hardeo Singh and Daljeet Singh of their right of search by the Gazetted Officer or the Magistrate and both of them have given consent of their search by N.C. Vijay (PW7). The consent memo Ex.P/1 was prepared and the accused have signed the consent memo. That in the search of the cabin on the driver seat behind raisin cartoons one bag containing opium was found and another raxin sack there was poppy straw. That on weighment the opium was 2.100 Kgs and the opium straw was 8.800 Kgs. That the 2-2 samples of opium and 'DODA' were extracted and the sample packets along with the seized item were sealed. That the 'Panchnama' of the proceedings Ex.P/2 was prepared and the signatures of the witnesses before whom the seizure was done i.e., Bhanwarsingh (PW1) and Satyanarain (PW2) were taken on Ex.P/2.

Superintendent N.C. Vijay (PW7) apprised the accused persons about the ground of their arrest and they were arrested, inspector A.K. Tulsidasan took statement (Ex.P/11) u/s 67 of the NDPS Act of accused Hardeo Singh. He has also recorded statement (Ex.P/12) of accused Daljeet Singh, wherein both the accused have stated that they have purchased the opium from accused Azam Khan and Abbas Khan from village Hasan Paliya, near Jaora. That after recording the statements of accused Hardeo Singh and Daljeet Singh they were taken to the Office of Central Bureau of Narcotics, Neemuch, where the 'Muddemal' was handed over to the incharge 'Malkhana' Abdul Samad Khan (PW3). Abdul Samad Khan (PW3) has sent one sample packet of each item to the Government Opium Factory, Neemuch through Constable Shobhagmal Rathor.

The prosecution case is that Inspector Kishanlal Khagna (PW6) was directed to investigate the case and he went to village Hasan Paliya and gave the notice Ex.P/16 to accused Abbas Khan and notice Ex.P/17 to accused Azam Khan for recording their statements u/s 67 of the NDPS Act. That Inspector Kishanlal Khagna (PW6) took statement of accused Abbas Khan (Ex.P/18) and also statement of accused Azam Khan (Ex.P/19), wherein they have stated that the opium was sold by them to accused Hardeo Singh and Daljeet Singh and they have signed the statements Ex.P/18 and Ex.P/19. That Inspector B.K. Gokhle (PW5) recorded the statements of the witnesses during investigation. That the information of the seizure of the truck was sent to