SHAM SUNDER,J. - (1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 24.9.2008, rendered by the Judge, Special Court, Mansa, vide which he 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 one year, and to pay a fine of Rs. 1000/- , and in default of payment of the same, to undergo rigorous imprisonment for another period of two months, for having been found in possession of 21 kgs. 100 grams Poppy-husk, (which falls within the ambit of non-commercial quantity), without any permit or licence.
(2.) THE facts, in brief, are that on 10.9.2003, a police party, headed by Jasvinder Singh, ASI, was going towards Sardulgarh, Bhunder, Kahnewal, etc. in official Gypsy, in connection with patrolling, from the side of link road Bhunder, and when it reached at a distance of 1-1/2 killas ahead of turning, the accused was seen coming from the opposite direction, from near siphon, carrying a plastic bag, on his head. On seeing the police party, he tried to slip away, but was apprehended, on suspicion. The search of the bag, being carried by him, was conducted, in the presence of Raminder Singh, DSP, as a result whereof 21 kgs. 100 grams poppy-husk, was recovered, therefrom. Two samples of 50 grams each, were taken out therefrom, and the remaining poppy- husk was put into the same bag. 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. 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 judicial trial.
(3.) THE prosecution, in support of its case, examined Jasvinder Singh, ASI (PW-1), the Investigating Officer, Harpal Singh, HC (PW-2), a formal witness, Raminder Singh, DSP (PW-3), a witness to the recovery, Balwinder Singh, Inspector (PW-4), before whom the case property, the accused, the sample parcels, and the witnesses, were produced, and who after verifying the investigation, affixed his seal, on the case property, Kulwant Singh, SI, (PW-5), who was handed over the case property with seals intact, and Bhupinder Singh, SI (PW-6), who took over the charge as SHO on 7.10.2003, and handed over the sample parcels, and the sample impression of the seal, to a Constable, for depositing the same, in the office of the Chemical Examiner. Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.;