under Section15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') and were sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.3000/-

each alongwith default stipulation.

2. The brief facts of the prosecution case are that on 27.07.2003, ASI Surinderpaljit Singh alongwith other police officials, was going for patrolling from Nagri side towards village Nanhera. When the police party reached near the bridge of Bhakra canal, then two persons were found coming on motor cycle from the side of Nanhera by keeping a gunny bag in between them. These persons tried to slip away, but were nabbed on suspicion. Driver of the motor-cycle disclosed his name as Surjit Singh whereas the pillion rider as Mewa Ram. Then ASI Surinderpaljit Singh disclosed his identity to accused and told them that he was suspecting some contraband in the bag and that search of the bag was to be conducted and as to whether they want to get the search conducted in presence of gazetted officer or magistrate. On such disclosure accused persons reposed confidence in ASI Surinderpaljit Singh and then after recording consent statement (Ex.PB), search of the bag was conducted. It was found to be containing poppy husk. Two samples of 25 gram each drawn from the bag and the remaining poppy husk on weighment came to 29.950 Kg. All the parcels of the samples as well as of bulk parcel sealed with seal bearing impression ‘SS’ and taken in possession alongwith motorcycle through recovery memo (Ex.PC). Separate sample seal chit (Ex.P1) also prepared. Ruqa (Ex.PD) sent, on which FIR (Ex.PD/1) registered. Site plan (Ex.PE) prepared. On personal search of accused Mewa Ram currency notes of Rs.50/- were recovered, but on personal search of accused Surjit Singh currency notes of Rs.120/- were recovered and those were taken in possession through personal search memos (Exs.PF and PG, respectively). Memo of grounds of arrest prepared and statements of witnesses recorded.

3. On return to police station, items of case property alongwith accused produced before SHO Govinder Singh Inspector of P.S. Ghagga, who verified the factum of investigation and after finding the seals on items of case property intact put his own seal bearing impression ‘GS’ on items of case property as well as on sample seal chit. Thereafter, case property was deposited with MHC Hardial Singh in intact condition. On 28.07.2003 items of case property taken by ASI Surinderpaljit Singh from the MHC and produced the same before Ilaqa Magistrate where application (Ex.PJ) filed and after obtaining orders (Ex.PJ/1) of Magistrate, case property was redeposited back in intact condition with MHC. Sample in intact condition was sent to the office of Chemical Examiner and on receipt of report of Chemical Examiner and completion of investigation, challan against accused persons presented.

4. After concluding the investigation, the challan was presented by the police against the appellants. Ultimately, after taking into consideration the challan and accompanying documents, the trial Court found a prima facie case under Section 15(b) of the NDPS Act against the appellants, to which they pleaded not guilty and claimed trial.

5. To prove its case, the prosecution examined HC Hardial Singh as PW1, ASI Narain Singh as PW2, ASI Surinderpaljit Singh as PW3, HC Manjit Singh as PW4, Inspector Govinder Singh as PW5 and HC Kulwinder Singh as PW6. Thereafter, prosecution evidence was closed after tendering into evidence report of the Chemical Examiner, Ex.PL.

6. After closure of the evidence, the statements of the appellants were recorded under Section 313 Cr.P.C. and they denied all the incriminating evidence put to them and stated that they have been falsely involved in the present case. No evidence was led in defence.

7. Learned counsel for the appellants have vehemently argued that the appellants had falsely been involved in the present case and the mandatory provisions of