The tanker lorry had three cabins.
The entire quantity was seized by the police and out of the seized material, 15 grams was taken as a sample and sent for examination by the forensic science laboratory.
It was found that the seized substance was opium.
The appellant had also companytended that there were procedural irregularities in companyducting the search and sending the sample to the laboratory and in recording the arrest of the appellant.
Aggrieved by the same, the present appeals are filed by the appellants.
The appellant companypletely denied his involvement and at the trial he alleged that there was violation of Section 42 of the NDPS Act.
They preferred an appeal before the High Court of Gujarat and by the impugned judgment the High Court dismissed the appeal.
The companytents were found to weigh more than 5.5 kilograms.
The facts of the case are that on 1.7.1989 PSI, L.U. Pandey, along with other police companystables, was on patrol duty in the night of 1.7.1989 and at about 5.30 A.M., they numbericed a tanker lorry bearing registration number GRS 6407 crossing the Palanpur railway crossing line.
They found a bundle of jute bag and on further search it was found that the jute bundle companytained a dark brown substance which smelled like opium.
All the accused were found guilty of the offence under Section 17 of the NDPS Act.
The police team wanted to companyduct further search of the tanker lorry therefore, they called two Panch witnesses and in their presence they opened the lid of the first cabin of the tanker with a spanner.
1132 OF 1997 G. BALAKRISHNAN, J. The appellant in Criminal Appeal No.
WITH CRIMINAL APPEAL NO.
They signaled the vehicle to be stopped.
Sessions Judge, Banaskantha in Gujarat, for the offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as NDPS Act .
861 of 1997, along with two others was tried by the Addl.
The vehicle was stopped and they made a search of the lorry.
