Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 25.8.1995, rendered by the Court of Addl. Sessions Judge, Ferozepur, vide which it convicted the accused/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 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 six months, for having been found in possession of 50 Kgs, poppy -husk, without any permit or licence.
(2.) THE facts, in brief, are that on 11.7.1992, at about 6.00 P.M., Shiv Shambu Nath, SI/SHO, alongwith other police official, was on patrol duty, in Government Jeep, driven by Surjit Singh, Constable, and when the police party after patrolling Village Daulewala, was going towards Village Rajpura, accused Kashmir Singh, was seen coming on a cycle. On seeing the police party, he tried to slip away, but was apprehended, on suspicion. The accused was carrying a gunny bag, on the carrier of his cycle. The search of the bag, in accordance with the provisions of law, was conducted, as a result whereof, 50 Kgs. poppy -husk, was recovered therefrom. A sample of 100 grams, was taken out, and the remaining poppy -husk, was put into the same bag. The sample, 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. The accused was arrested. 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 Des Raj, ASI (PW -1), Shiv Shambhu Nath, SI (PW -2), and Santokh Singh, Constable (PW -3). Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.;