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2. A police party headed by ASI Davinder Singh of Police Station Dhilwan, District Kapurthala, was holding a Nakabandi near T-point of village Mander Bet on 06.05.2001 where it joined Darshan Singh as independent witness. After some time, a tractor-trolley came from the side of Railway Crossing of village Gadana, which was being driven by appellant Gurbachan Singh, whereas appellant Balkar Singh was sitting in the trolley. ASI Davinder Singh suspected some contraband in the trolley and gave offer to the appellants to get the search to be conducted before a Gazetted Officer or a Magistrate. They opted their search to be conducted before a Gazetted Officer vide memo Ex.PA. On request, Harmail Singh, Deputy Superintendent of Police, Bholath reached the spot. He disclosed his identity to the appellants as Deputy Superintendent of Police, a Gazetted Officer and gave offer to the appellants to get the search to be conducted from any Magistrate or before him. Vide consent memo Ex.PB, the appellants reposed their confidence in DSP Harmail Singh. On search of trolley, three bags, kept concealed under the wheat chaff (Turi) being carried in the trolley, containing poppy-husk were recovered. A sample of 250 grams was separated from each bag and remaining poppy-husk on weighment came to 34 Kgs and 750 grams in each bag. Parcels of sample and remaining poppy-husk were prepared and sealed with the seal of DSP Harmail Singh bearing seal impression 'HS'. Sample seal was prepared.

3. Copies of documents as relied upon by the prosecution were supplied and finding a prima facie case, the appellants were charge-sheeted for the offence punishable under Section 15 NDPS Act to which they pleaded not guilty and claimed trial.

4. In support of its case, the prosecution examined Head Constable Pargat Singh PW1 who was member of the police party headed by ASI Davinder Singh and a witness of recovery of poppy-husk from the appellants. ASI Davinder Singh, Investigating Officer appeared as PW2 and made statement supporting the prosecution case. DSP Harmail Singh, in whose presence the recovery was effected, appeared as PW3. PW4 Head Constable Gurmail Singh is a formal witness, PW5 Head Constable Shinder Singh was posted as MHC in the police station with whom the case property was deposited. Head Constable Santokh Singh and ASI Mohinder Singh were given up as unnecessary while independent witness Darshan Singh was given up as having been won over by the appellants. SI Inderjit Singh, SHO, Police Station Dhilwan appeared as PW6. Himmat Singh Clerk of the office of D.T.O. Ferozepur appeared and PW7 and has stated that Baj Singh and Balkar Singh sons of Sunder Singh are recorded as owners of tractor- trolley recovered in this case. To similar effect is the statement of PW8 Balbir Singh.

21. In view of the above observation, the argument of learned counsel for the appellants on this point is also rejected.

(iv) Whether there was non-compliance of provisions of Section 55 of NDPS Act.

22. In the present case, after recovery of the contraband at the spot, samples were drawn and the same along with remaining case property were sealed. SI Inderjit Singh SHO, Police Station Dhilwan reached the spot. The case property was produced before him and he sealed it with his seal bearing letters 'IS' and prepared sample seal impression and then handed over the case property to ASI Davinder Singh. Section 55 NDPS Act requires officer incharge of the police station to take charge of the contraband and keep the same in safe custody pending order of the Magistrate. On return to the police station, Investigating Officer ASI Davinder Singh deposited the case property with MHC. He took the same on the next day for presentation before the Magistrate. After presenting the case property before the Magistrate, he deposited it with SI Inderjit Singh, SHO.

(vi) Whether the poppy-husk weighing 105 Kgs was recovered from the conscious possession of the appellants.

28. The prosecution has examined PW1 Head Constable Pargat Singh, who was member of the police party headed by ASI Davinder Singh. He has fully supported the prosecution case and stated that three bags of poppy-husk weighing 35 kgs each were recovered from the trolley in which appellant Balkar Singh was sitting. That trolley was attached with the tractor being driven by appellant Gurbachan Singh. ASI Davinder Singh, the Investigating Officer while appearing as PW2 has narrated the manner in which the recovery was effected. In cross-examination of this witness, nothing could be extricated to create a dent in the prosecution version. DSP Harmail Singh had reached the spot on receipt of wireless message of the investigating officer and recovery of contraband was effected in his presence. From the testimonies of these witnesses, the prosecution has been able to prove that the recovery of three bags containing 35 kgs of poppy- husk in each bag was effected, from the trolley in which Balkar Singh was sitting.