SHAM SUNDER,J. - (1.) THIS appeal is directed against the judgment of conviction dated 29.09.2007, and the order of sentence dated 03.10.2007, rendered by the Court of Additional Sessions Judge, Sirsa, vide which it convicted the accused (now appellant), for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine, to undergo further rigorous imprisonment, for a period of two years, for having been found in possession of 176 Kgs poppy straw, without any permit or licence.
(2.) THE facts, in brief, are that on 09.05.2005 Kanwaljeet Singh, ASI, along with other police officials, was going towards village Tirlokeywala for patrol duty, and when they were at a distance of about 1/2 acre from the outhouse (dhani) of the accused, they noticed that one person was sitting on the heap of manure, lying on the back side of the room, near the eastern wall. His back was towards the Police party. He was putting garbage with a view to cover the bags. When the Police party reached there, he turned back, on hearing the noise of gypsy and, on seeing the party, started running away. The members of the Police party stopped the gypsy, and chased him. While running, the escapist looked towards the police. ASI Kawaljeet Singh recognized him as Raja alias Raj Singh son of Jana Singh, resident of Gilokewala, who was already known to him. It was further stated That while running the accused said in loud voice, that they would not be able to catch him. Despite best efforts, he could not be caught, at the spot. Thereafter, the Investigating Officer, reached near the heap of manure, where five bags were lying. On search, four bags were found containing 40 kgs. each poppy straw, whereas the fifth bag was found containing 16 KGs of poppy straw. Two samples of 100 grams of poppy straw, were taken out of each of the bags. The samples and the bags, containing remaining poppy straw, 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 FIR was recorded. The site plan was prepared. The statements of the witnesses, were recorded. The accused was arrested on 01.01.2006. After the completion of investigation, the accused was challaned. On his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Section 15 of the Act, was framed against the accused, to which he pleaded not guilty and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Hans Raj, H.C., (PW- 1), Shanker Lal, S.I., (PW-2), Makhan Singh, ASI (PW-3), Bharat Lal, H.C., (PW-4),Kuldeep Kumar, HC, (PW-5), Kanwaljeet Singh, ASI (PW-6) and Randhir Singh, ASI (PW-7). The. Public Prosecutor for the State, after tendering report Ex.PX of the Forensic, Science Laboratory, closed the prosecution evidence.;