- (1.) By way of this appeal, the appellant has challenged the judgment of conviction dated 07.11.2005 and the order of sentence dated 09.11.2005 passed by learned Special Judge, Panipat, whereby the appellant was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act ) for keeping in his possession 34 kg of poppy husk without any lawful authority and was awarded rigorous imprisonment for three years besides payment of fine of Rs.20,000/-. In default of payment of fine, the appellant was ordered to undergo further rigorous imprisonment for a period of nine months.
(2.) The brief facts of the case are that on 28.08.2002, a police party headed by SI Chattar Singh (PW-4) was present at the gate of Bus Stand, Panipat, in connection with his duty. SI Chattar Singh (PW-4) noticed that the appellant was carrying a plastic bag on his head. After noting down the credentials of the appellant, a notice (Ex.PC) under Section 50 of the NDPS Act was served upon him.
(3.) Vide reply (Ex.PC/1), the appellant reposed faith in the investigating officer, therefore, the plastic bag possessed by the appellant, was searched and 34 kg of poppy husk was found. Two samples of 250 grams each were drawn from the bulk poppy husk. The samples and the residue poppy husk were sealed with the seals of police officers and taken into possession after preparing the recovery memo (Ex.PD). A ruqa (Ex.PA) was sent to the Police Station, on the basis of which, formal FIR (Ex.PA/1) was recorded. After completing the formalities and preparing the site plan, recording the statements of the witnesses and arrest of the accused, the police party went to the Police Station and all the material, witnesses as well as the accused were produced before Randhir Singh Malik, Station Housing Officer, Police Station, City, Panipat (PW-5). He verified the investigation and affixed his own seal on the case property. On the direction of the Station House Officer, the case property was deposited with the MHC of Police Station, City, Panipat. After receipt of report (Ex.PX) from the Forensic Science Laboratory, the report under Section 173, Cr.P.C was presented before learned Area Magistrate. The case was committed to the Court of Special Judge, at Panipat. Charge under Section 15 of the NDPS Act was framed against the appellant to which he pleaded not guilty and claimed for trial.;