J U D G M E N T

Appellants have filed the appeal challenging their conviction and sentence ordered by learned trial Court as under:-

Section 15(c) of : Rigorous imprisonment for fourteen years Narcotic Drugs and and to pay a fine of `1,00,000/- (Rs. One Psychotropic lac only). In default of payment of fine, he Substances Act, 1985 shall further undergo rigorous imprisonment for one year.

2. Prosecution story, in brief, is that on 24th August, 2014, police party consisting of ASI Madan Mohan, HHC Brij Lal and HHC Bal Krishan and Constable Gagandeep had gone to Delhi in connection with investigation of case FIR No.154/12, registered at Police Station, Sadar, Bilaspur, under Section 420 of the Indian Penal Code. On 26th August, 2014, the police party was returning from Delhi and had taken lift in a Car bearing No.HP01-B-0720 belonging to Mangal Singh at Swarghat and were travelling towards Bilaspur. When the police party reached near Charol, at about 12.15 p.m., ASI Madan Mohan received a secret information that a truck bearing No.HP69- 1625 driven from Swarghat side towards Bilaspur was carrying huge quantity of poppy straw. Information was sent to Deputy Superintendent of Police, headquarter Bilaspur in this regard. In the meantime, truck bearing No.HP69-1625 came there from Swarghat side. The truck was signaled to stop. On inquiry, the driver of the truck disclosed his name as Sunil Kumar S/o Shri Rishi Ram, whereas, the other person sitting in the truck disclosed his name as Jeet Ram S/o Shri Prem Lal. The accused were informed that the police party had received a secret information that they were carrying some contraband in the truck. The accused were informed that they could get the search effected in the presence of a gazetted officer or a Magistrate. However, accused gave their consent that the search could be conducted by the police party. Consent memo in this regard was prepared. Thereafter, cover of the body of the truck was removed and on search, it was found that in the body of the truck, there were 12 gunny bags, which had been tied with jute rope. The said sacks/bags contained poppy straw in polythene packets. In all 300 packets of polythene were recovered from the gunny bags. The recovered contraband, weighing 300 kilograms, was taken in police possession, after making them into sealed parcels. The packets were marked as M-1 to M-12. Seizure memo was prepared and copy of the same was supplied to the accused. Seal after use was handed over to witness Mangal Singh. Information was sent to Deputy Superintendent of Police, headquarter Bilaspur under Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’). Truck along with its documents were taken in possession. Rukka was sent to the Police station for registration of FIR. Spot map was prepared.

3. On the basis of rukka, formal FIR No.170 dated 26th August, 2014 was registered at Police Station Sadar, District Bilaspur under Section 15 of the NDPS Act.

4. Accused were arrested. Accused as well as case property were produced before Station House Officer Shyam Sunder and the case property was re-sealed with seal bearing impression ‘T’. The case property was handed over to MHC Police Station Sadar, Bilaspur for its safe custody. The case property was sent to Forensic Science Laboratory, Junga for analysis on 28th August, 2014. However, the same was returned by the laboratory and it was stated that there was no space in the laboratory to store the case property and samples be drawn from the case property and sent for analysis. Thereafter, case property was produced before the Judicial Magistrate, Bilaspur for drawing samples and certifying the inventory on 4th September, 2014. The Judicial Magistrate drew samples Ex.P-1 to P-12 from the gunny bags Ex.P-13 to P-24 and sealed it with the Court seal. Thereafter, the samples were sent to the Forensic Science Laboratory for examination. As per the report of the Forensic Sci