SANJAY VASHISTH, J.

1. Aforesaid two appeals have been filed by the convicts, Varinder Thakur @ Vicky and his co-convict Vikram Singh @ Vicky, against a common judgment of conviction and order of sentence dated 02.11.2023, arising out of FIR No. 106 dated 15.10.2019, registered under Sections 21 and 29 of the NDPS Act, 1985, read with Section 473 of the IPC. The details of the order of sentence are as follows:

2. On 15.10.2019, SI Gurcharan Singh, along with other police officials, was present in Beant Colony, behind the Blind School on Chandigarh Road, Ludhiana, in connection with the search of drug smugglers. On receipt of a telephonic message from a secret informer, ASI Mohd. Sadiq conveyed the information orally to SI Gurcharan Singh and thereafter got his statement recorded to the effect that Varinder Thakur @ Vicky, resident of Village Bamian Kalan, Police Station Jamalpur, and presently residing as a tenant in Street No. 1, Beant Colony, 33 Feet Road, Mundian Kalan, Police Station Jamalpur, Ludhiana, was involved in multiple cases of heroin smuggling and had also been declared a proclaimed offender in such cases. It was further disclosed that he, along with his associate Vikram Singh @ Vicky, had been engaged in the illicit trade of heroin for some time and that both were likely to leave shortly on a Pulsar motorcycle bearing registration No. PB-10-FZ-1626 from the rented house of Varinder Thakur @ Vicky to supply heroin to their customers. It was further informed that, if naka bandi was laid near the said house, both could be apprehended along with the motorcycle and heroin.

Finding the information to be credible, SI Gurcharan Singh sent a ruqa to Police Station STF, Mohali, through C-Vishal Kumar for registration of a case under Sections 21 and 29 of the NDPS Act.

3. Subsequently, SI Gurcharan Singh, along with the remaining police officials, reached Street No.1, Ludhiana near the rented house of Varinder Thakur and his co-accused Vikram Singh. At about 08:15 PM, both the accused came out of the rented house; Varinder Thakur @ Vicky was carrying a bag, and Vikram Singh @ Vicky accompanied him. They started the motorcycle bearing registration No. PB-10-FZ-1626 parked in front of the house, whereupon they were intercepted by the police party.

4. After disclosing their identities, accused were informed of their legal right to be searched in the presence of a Gazetted Officer or a Magistrate. Upon their consent, as recorded in consent memos, DSP Pawanjit was informed telephonically by SI Gurcharan Singh and he reached the spot at about 09:15 PM. The accused were ag