A S. Nehra, J. - (1.) This appeal is directed against the judgment dated May, 12, 1988, passed by the Additional Sessions Judge, Barnala, by which Kesar Singh, respondent, has been acquitted of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act).
(2.) Briefly, stated, the prosecution case is as under:- On February 28, 1986, A.S.I. Mohinder Singh along with H.C. Gurcharan Singh and other police officials of Police Station, Sohna, was present in the area of village Raisar. They found the respondent in possession of 15 bags of poppy-husk each weighing 40 Kgs., without any licence or permit therefor. He was arrested by the Assistant Sub Inspector in the presence of H.C. Gurcharan Singh. Out of each bag 250 grams was taken out as sample and put in separate cloth. The sample and the bulk poppy-husk, Ex.P-1 to P-l 5, were sealed with seal and taken into possession vide Memo Ex.PA, attested by HC Gurcharan Singh and H.C. Lakhbir Singh. ASI Mohinder Singh sent ruqa, Ex.PB, to the Police Station for registration of a case against the respondent, where on its basis formal F.I.R. Ex.PB/1 was recorded by A.S.I Gurkirpal Singh. ASI Mohinder Singh prepared rough site plan, Ex.PC, with correct marginal notes and recorded the Statement of the witnesses.
(3.) The prosecution to prove its case examined H.C. Gurcharan Singh (PW-1), ASI Mohinder Singh (PW-2) and tendered into evidence report of the Chemical Examiner, Ex.PD, and affidavits Ex.P.E. and P F of Satnam Singh, M.H.C. and Harmohinder Singh and Harbhajan Singh.;