JAI SINGH SEKHON,J. - (1.) KASHMIRI Lal, appellant, was tried and convicted on a charge for offence punishable under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) for possession of 40 kilograms of poppy husk by the learned Additional Sessions Judge, Jalandhar. He was awarded sentence of ten years and fine of Rs. 1 lac or in default of payment of fine to undergo further rigorous imprisonment for one and half years.
(2.) FEELING aggrieved against his conviction and sentence, the appellant has come up in appeal. In brief the facts of the prosecution case are that on 4.5.1986, A.S.I. Narinder Singh along with Head Constable Baljit Singh and other police officials of Police Station Nawanshehar was proceeding towards canal bridge in the area of village Sanawa during usual patrolling when the accused happened to accost it at about 8.30 a.m. He tried to slip away which resulted in suspicion and apprehension. He was found carrying a gunny bag on the carrier of his bicycle, Exhibit P1. A sample of 250 gms. of poppy husk was separated from the bulk and the remaining poppy husk was separately sealed in the said bag. All these articles were taken into possession vide memo. Exhibit PD. A.S.I. Narinder Singh got registered a case under section 15 of the Act against the accused vide F.I.R. Exhibit PE/1 in the police station as he failed to produce any licence, permit or authority for the possession of the same. The rough site-plan Exhibit PF of the spot was also prepared by the Investigator. He also recorded the statements of the witnesses. A sample was sent to the Chemical Examiner, who vide his report, Exhibit PC, confirmed it to be poppy husk due to presence of morphine meconic acid therein.
(3.) AFTER completion of investigation, the accused was arraigned for trial on such like allegations.;