L.N.MITTAL, J. - (1.) ACCUSED Khialo has filed the instant criminal appeal to assail her conviction and sentence ordered by learned Judge, Special Court, Sangrur vide judgment and order dated 21.02.2003, thereby convicting the accused appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') and sentencing her to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1000.00 and in default thereof, to undergo further rigorous imprisonment for a period of one month.
(2.) THE prosecution case in brief is that on 29.02.2000, police party comprising of ASI Baljit Singh, ASI Sewa Singh, LPHG Charanjeet Kaur and other police officials, along with Swaran Singh Ex-Sarpanch, intercepted the accused on suspicion while carrying a gunny bag on her head. She was informed about her right to be searched in the presence of Gazetted Officer or Magistrate. She refused the offer. On search of gunny bag of the accused, it was found to contain 20kg of poppy husk. Out of it, two samples of poppy husk weighing 250gms each were separated. The samples and remaining poppy husk were sealed separately. Seal after use was handed over to Swaran Singh PW. The case property was seized by the police. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded. Accused was arrested. On return to the police station, the accused along with witnesses and case property was produced before SI/SHO Jasbir Singh, who verified the facts of the case and affixed his seal on the case property. The sample, on chemical examination, was found to be of poppy husk. On completion of investigation, police presented report Section 173 of the Code of Criminal Procedure (in short- 'Cr.P.C') for prosecution of the accused under Section 15 of the Act. Charge under Section 15 of the Act was framed against the accused, who pleaded not guilty and claimed trial.
(3.) IN support of its case, prosecution examined 5 witnesses:- PW1 ASI Sewa Singh and PW2 S.I. Baljit Singh broadly stated about recovery of 20 kgs poppy husk from the possession of the accused. Baljit Singh, S.I also stated about investigation of the case conducted by him. PW3 MHC Naib Singh and PW4 Constable Baldev Singh tendered their affidavits being formal witnesses. PW5 S.I. Jasbir Singh stated that while posted as SHO of Police Station P.S. Lehra on 29.02.2000, the accused was produced before him along with case property and witnesses. He further stated that he verified the case and affixed his seal on the case property. PW Swaran Singh was not given up by the prosecution as having been won over by the accused. ;