- (1.) The present appeal has been preferred by Sardara Singh, who was nominated as an accused in case FIR No.116 of 25.06.2000, registered at Police Station Sidhwan Bet, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "NDPS Act"). The learned Trial Court vide the impugned judgment dated 17.02.2003 found the appellant guilty of offence under Section 15 of NDPS Act and vide the order of even date, sentenced him to undergo RI for ten years and to pay a fine of Rs.1,00,000/-, in default whereof, he was to undergo further RI for two years.
(2.) In the present appeal, challenge is to conviction pronounced and sentence awarded by the learned Trial Court upon the appellant Sardara Singh.
(3.) Brief facts as culled out from the record of the case are, that on 25.06.2000 SI Ravinder Pal Singh accompanied by ASI Dalip Kumar, ASI Jasbir Singh along with other police officials was going in a government vehicle from the side of Village Gidderwindi towards Kannian Husaini in connection with patrolling. When they were reached on the bridge of the drain in the area of village Gidderwindi, accused was seen sitting on two bags containing something thereon on the right side of the road. On seeing the police party, the accused immediately tried to run away. The accused was apprehended by SI Ravinder Pal Singh along with his companions. On the consent of the accused for search before SI Ravinder Pal Singh, search of the bags was conducted and one of the bags was found containing 34 Kgs. 500 grams poppy husk and the other bag was found containing 19 kg. 500 grams poppy husk. Out of which two samples of 250 grams each were separated. Different parcels of the samples and of the bulk were prepared and sealed with the seal bearing letters RPS. SI Ravinder Pal Singh prepared the specimen impressions of the seals and the case property was got into possession vide recovery memo Ex.PD.;