Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction dated 6.10.1995, and the order of sentence of the even date, rendered by the Court of Addl. Sessions Judge, Amritsar, vide which it convicted the accused/appellant Karam Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of 3 years.
(2.) THE facts, in brief are that on 25.2.1993, Shangara Singh, ASI, alongwith Didar Singh, ASI, Gurdas Singh, HC, Chatter Singh, HC, Gurvail Singh, Constable, and other police officials, was going from village Shaheed to Sarvala, on official vehicle, in connection with patrolling and detection of bad elements, and when the police party reached, in the area of village Shaheed, Baldev Singh, ASI, Balwinder Singh, ASI, Raghbir Singh, HC, Amrik Singh, HC, Mangar Singh, HC, Pargat Singh, Constable, and Surinder Singh, Constable, were joined in the police party, who were already holding naka there. Thereafter, the police party held naka on the canal minor bridge, in the area of village Shaheed, and when the accused was seen coming from the side of fields. On seeing the police party, he tried to turn back, but was apprehended, on suspicion. The accused was carrying a gunny bag, on his person. The search of the bag, being carried by the accused, was conducted, in accordance with the provisions of law, which resulted into the recovery of 5 Kgs. poppy -husk, now falling within the ambit of non -commercial quantity. A sample of 250 grams, was separated therefrom, and the remaining poppy -husk was put into the same gunny bag. The sample, and the remaining poppy -husk, were converted into parcels, duly sealed with the seal, bearing impression 'SS', and thereafter, the same was taken into possession. Ruqa was sent to the Police Station, on the basis whereof, the formal FIR was registered. Rough site plan of the place of recovery, with correct marginal notes, was prepared. The accused was arrested. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned. On appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, was framed against him, to which he pleaded not guilty and claimed trial.
(3.) THE prosecution, in support of its case, examined Shangara Singh, ASI (PW -1), Jagtar Singh, HC (PW -2), Shiv Karan Singh, Constable (PW -3), Govinder Singh, SI (PW -4), and Gurdas Singh, Constable (PW -5). Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.;