S.S.GREWAL, J. - (1.) THIS appeal is directed against the order of Additional Sessions Judge, Barnala, dated 13th of May, 1988 whereby the present respondent who was tried for commission of offence under Section 15 of the Narotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as the Act) was acquitted.
(2.) IN brief facts of the prosecution case relevant for the disposal of this appeal are that on 23.3.1986, ASI Tarsem Chand along with other police officials including Head Constable Pavittar Singh was present in the area of village Sandhu Kalan near the canal minor. The respondent came there. On suspicion he was stopped and after informing him whether he wants to be produced before any gazetted officer, and on his refusal, he was searched by the said ASI. From the bag carried by the respondent 15% Kgs. of poppy husk was recovered. 250 grams of poppy husk was drawn as sample. Both the sample and the remaining poppy husk were separately sealed and taken into possession through seizure memo. After completion of the investigation and receipt of the report of the Chemical Examiner, the respondent was challaned, tried and acquitted, as stated earlier.
(3.) THE learned counsel for the parties were heard. On behalf of the State, it was vehemently argued by the learned Deputy Advocate - General, that the testimony, of ASI Tarsem Chand (PW1) and Head Constable Pavittar Singh (PW2) coupled with the recovery of 15. 1/4 Kgs. of poppy husk is sufficient to prove the case of the prosecution against the respondent. The argument is devoid of any merit.;