Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction dated 7.5.1997, and the order of sentence of the even date, rendered by the Addl. Sessions Judge, Sangrur, 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 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 one year, for having been found in possession of 34 Kgs. 500 grams poppy -husk (now falling within the ambit of non -commercial quantity), without any permit or licence.
(2.) THE facts, in brief, are that on 3.7.1996, Lachhman Dass, ASI, alongwith other police officials was present, on the bridge of a Rajwala, in the area of village Lehal Kalan, in connection with holding a picket. Chanan Singh, independent witness came from the side of village Bhutal Kalan. Lachhman Dass, ASI was talking to him, when, in the meantime, from the side of village Lehal Kalan, one Maruti car bearing No. DID -2673 came. The ASI gave signal to the driver of the car to stop, and the same was stopped. The name of the driver of the car was Gurmit Singh. One gunny bag was lying on the adjoining seat of the driver's seat. The search of the bag, was conducted, in accordance with the provisions of law, as a result whereof, 34 Kgs. 500 grams poppy husk, was recovered. Two samples of 250 grams each, were separated therefrom, and the remaining poppy husk was put into the same bag. The samples, and 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, the formal FIR was registered. Rough site plan of the place of recovery, with correct marginal notes, was prepared. 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 Ashok Mohan, SI (PW -1), Lachhman Dass, ASI (PW -2), the Investigating Officer, and Swaranjit Singh, ASI (PW -3). The Addl. Public Prosecutor for the State, tendered into evidence Ex.PG and PH, affidavits of Surinder Kumar, MHC and Karnail Singh, Constable, respectively. Thereafter, he closed the prosecution evidence, after giving up Chanan Singh, independent witness, as won over, by the accused.;