RANJIT SINGH SARKARIA,J - (1.) THIS appeal is directed against the order passed by the Judge, Special Court Mansa on 30.11.1999 convicting the Appellant for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act').
(2.) The Appellant was allegedly found in possession of 20 kgs and 100 grams of chura poppy husk. The brief facts are that on 15.12.1995, the police party headed by ASI Jagsir Singh was on patrol duty when the Appellant was seen in the area of village Khehra Khurd while coming from opposite direction carrying a bag on his head. On seeing the police party, he made an attempt to escape but was apprehended. He disclosed his name as Sukhdev Singh. Suspecting that he was in possession of some incriminating contraband, option was given to him if he wished to be searched before a Magistrate or a gazetted officer. The Appellant opted for being searched in the presence of a gazetted officer. Consent memo was accordingly prepared and was thumb marked by him. The said memo was attested by witnesses as well. On being summoned through a wireless message, DSP Iqbal Singh reached the spot. Karam Singh son of Gehna Singh was joined as an independent witness by the police party. DSP Iqbal Singh disclosed his identity and accordingly search of the bag, recovered from the Appellant, was carried out. Quantity of contraband recovered was weighed and came to be 20 kgs. The samples drawn from the bag were got sealed and taken into custody through a recovery memo which was also prepared at the spot. Ruqa was sent to the police station leading to registration of the FIR. Other formalities in regard to investigation like producing the case property before SHO and sealing the same were also completed. Samples were also sent for examination to chemical examiner who submitted his report that these were of chura poppy husk. Challan was ultimately presented leading to conviction and award of sentence of ten years R.I. to the Appellant.
(3.) THE case of the prosecution is supported by four prosecution witnesses. They are Constable Harjit Singh PW -1, ASI Jagsir Singh (Investigating Officer) PW -2, Bikram Singh (retired Inspector) PW -3 and DSP Iqbal Singh PW -4.;