R.S. Madan, J. - (1.) NAND Ram, appellant, on being convicted and sentenced under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after to be referred to as the "Act"), vide judgment dated October 09, 1998 rendered by Additional Sessions Judge, Patiala, to undergo rigorous imprisonment for ten years and a fine of Rs. one lac, and in default of payment of fine, to undergo rigorous imprisonment for a period of two years, has approached this Court by filing the present appeal.
(2.) IN brief, the facts of the case are that on 18.08.1993, ASI Tej Pal Singh along with HC Jaipal Singh, C. Lakhwinder Singh and C. Hakam Singh was present in Village Tunga, in connection with patrol duty and checking of suspected persons. Chajju Singh PW met them in the phirni of the village and he started talking with ASI Tej Pal Singh. In the meanwhile he received a secret information that the appellant was in the habit of selling poppy husk and he has concealed the poppy heads in his residential house and in case a raid is conducted, poppy heads could be recovered from his possession. On receipt of this information, the ASI sent ruqa Ex.PA to the police station for registrations of a case through constable Hakam Singh, on the basis of which formal FIR Ex.PA/1 was recorded against the accused -appellant by SI/SHO Manjit Singh. Thereafter, the police after joining Chajju Singh an independent witness in the investigation, conducted a raid at the house of the accused. He was found present in the house. The ASI then asked him that he had suspicion that he had kept incriminating articles in his house and he wanted to search the same. He further gave him the opinion whether he wanted to get his house searched before a Gazetted Officer or Magistrate, to which the accused reposed his faith in the police party. Statement of the accused to this effect was recorded. The ASI Tej Pal Singh then arrested the accused. On interrogation, he made a disclosure statement Ex.PB that he had kept concealed 10 bags of poppy heads in the room of his residential house by covering the same with the help of gunny bags, about which he had the knowledge and could get the same recovered. The disclosure statement Ex.PB was reduced into writing, attested by HC Jaipal Singh, C. Kuldip Singh and Chajju Singh, independent witness and thumb marked by the accused. Pursuant to the said disclosure statement, the accused got recovered 10 bags of poppy husk from the pointed place. Ten samples of 250 grams each were taken out from each bag and the same were put into small pieces of cloth. The residue of poppy husk was kept in the same gunny bags. The gunny bags and the samples were made into parcels and sealed with the seal bearing impression "DS" and the seal after use was handed over to HC Jaipal Singh, after preparing its specimen seal. Parcels containing the samples and the residue were taken into possession vide memo Ex.PD, duly signed by the witnesses. Memo of arrest Ex.PE and personal search memo Ex. PF were prepared. Thereafter, personal search of the accused was conducted. After preparing the site plan Ex.PG of the place of recovery, recorded the statements of the witnesses and on return to the police station, he produced the case property along with the accused before the SHO Manjit Singh of Police Station Sadar, Nabha, who after verifying the investigation, sealed the case property and the samples with his seal bearing impression "MS". Specimen of his seal was also prepared and after sealing the case property, he handed over the same to the ASI, who deposited the same with the MHC of the Police Station on the same day i.e. on 18.08.1993 and put the accused in the lock up. On receipt of the report of the Chemical Examiner Ex.PJ and completing the necessary investigation of the case, challan against the accused was presented in the court of Ilaqa Magistrate, who in turn vide its order dated 5.3.1994 committed the case to the court of learned Sessions Judge, Patiala.
(3.) AFTER going through the report under Section 173 Cr.P.C. and the documents attached therewith, a prima facie case for the commission of offence under Section 15 of the Act was made out against the accused. He was charged accordingly, to which he pleaded not guilty and claimed trial.;