SHAM SUNDER, J. - (1.) This appeal is directed against the judgment of conviction dated 7.5.2005, and the order of sentence dated 9.5.2005, rendered by the Court of Addl. Sessions Judge, Fatehabad, vide which it convicted the accused (now appellant), 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 three years, and to pay a fine of Rs. 10,000/-, and, in default of payment of the same, to undergo simple imprisonment for a period of six months, for having been found in possession of 40 kgs. poppy-husk, without any permit or licence.
(2.) THE facts, in brief, are that on 31.3.2001, Vijay Singh, SI/SHO, Police Station Ratia, was present at Bus Stand, Sardare Wala, in a Government Jeep, bearing registration No. HR22-3809, in connection with patrol duty, and crime checking. At that time, a secret information was received by him, that Maluk Singh, accused, had gone towards the fields with a gunny bag of poppy-husk, and if a raid was conducted, he could be caught red-handed. On receipt of secret information, a raiding party was formed. Thereafter, the raiding party reached the place, disclosed by the informer. A person was standing with a bag, on his head, who on seeing the police party threw away the same, on the ground. He was over-powered, on suspicion. He disclosed his identity as Maluk Singh S/o Gur Bachan. Search of the bag, in the presence of Shiv Charan, DSP, who was called to the spot, by sending a message, was conducted, as a result whereof 40 kgs. Poppy-husk, was recovered. Two samples of 100 grams were separated therefrom. The samples, and the bag, containing the remaining poppy-husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, 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 Baljeet Singh, SI, (PW- 1), Bhaga Ram, HC, (PW-2), Ajaib Singh, SI, (PW-3), Chatter Pal, HC (PW-4), Shiv Charan, DSP (PW-5), Vijay Singh, SI (PW-6), the Investigating Officer, Ram Kumar, ASI (PW-7), and Anand Singh, Constable (PW-8). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.;