Virender Singh, J. - (1.) Appellant Fateh Singh has suffered conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be called the `Act') vide impugned judgement of learned Sessions Judge, Sirsa and has been sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.50,000/- and in default of payment of fine to suffer further RI for one year.
(2.) The case of the prosecution in brief is that on 23.2.2004, ASI Ranjit Singh (PW-3) of police station Rania along with some other police officials was present on the bridge of a canal situated on Banni Surjewala road in the area of village Bani. He noticed the appellant coming from the side of Surjewala carrying a plastic katta (bag) on his right shoulder. On seeing the police party, the appellant turned back and started walking briskly. He was apprehended. Since ASI Ranjit Singh suspected that the appellant was carrying some contraband in the bag, he was served with a notice ( PW3/A), apprising him of his right of being searched before a gazetted officer or a Magistrate. He replied to the said notice vide Exhibit PW-3/B, reposing his faith in ASI Ranjit Singh for taking search of the bag. Thereafter the bag was searched. It was found containing poppy straw.
(3.) Two samples of 100 grams each were separated from it. The residue was then weighed and it was found to be 24.800 grams. Both the samples and the remainder were converted into separate parcels and were separately sealed with the seal impression 'RS' ( of Ranjit Singh). The seal after use was handed over to HC Dharam Vir (PW-4). Specimen seal impression was also prepared. The case property and the sample parcels were taken into possession vide recovery memo.;