R.S. Madan, J. - (1.) CHALLENGE herein in this Criminal Appeal is the judgment dated 19.10.1995, passed by learned Additional Sessions Judge, Fatehgarh Sahib, whereby it has convicted and sentenced the accused to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/ -(One Lakh only) and in default of payment of fine to undergo further rigorous imprisonment for one year, for keeping in his possession five bags of poppy husk containing 35Kg. each, without any permit or licence.
(2.) IN brief the facts of the prosecution case, as culled out from the report under Section 173 of the Code of Criminal Procedure, are that on 10.4.1993 ASI Surjit Singh along with other police personnel, was on duty and was on the way to Village Khamano Kamali, Manderan and Lakhanpur in a private tempo. When they reached near Lakshmi Rice Mills the ASI received a secret information that accused Gurdas Singh son of Kehar Singh resident of Balaspur indulges in sale of poppy husk and in case a raid is conducted at his house then heavy quantity of poppy husk can be recovered from his possession. Believing the information to be reliable, ruqa Ex. PA was sent to the Police Station by the ASI, on the basis of which formal first information report Ex.PA/1 was registered against the accused. Independent witness namely Prem Singh was joined in the police party and the house of the accused was raided. The accused was found present in the house. On interrogation, the accused made disclosure statement Ex.PB to the effect that he had kept concealed five bags of poppy husk in his house, which was reduced into writing. Pursuant to the disclosure statement, the accused led the police party to the place of concealment of poppy husk and got recovered five bags of poppy hush which on weighment came to 35 Kg. in each bag. 250 grams of poppy husk was separated as sample two times from each gunny bags. The samples and the residue were thereafter sealed with the seal 'SS' and taken into possession. The recovery memo was attested by the aforesaid witnesses. The ASI then prepared the rough site plan Ex.PE with correct marginal notes, recovery memo and recorded the statements of the witnesses under Section 161 Cr.P.C. On return to the police station, deposited the case property with the MHC with seals intact and later on sent the sample to the Chemical Examiner, Patiala for analysis, who vide his report Ex.PF opined that the contents of the sample were poppy husk. After the completion of all other formalities, challan against the accused under Section 15 of the N.D.P.S. Act was submitted in the court for trial. After the receipt of the challan, the trial court committed the case to the court of Sessions, where the accused was charged, to which he pleaded not guilty and claimed trial. The prosecution in order to prove the guilt of the accused, besides tendering into evidence the affidavit of formal witness, namely, Hans Raj (Ex.PG), examined ASI Surjit Singh, the investigating officer, as PW -1, Jai Kishan formal witness as PW -2, Head Constable Prem Singh, as PW -3 and Head Constable Lakhvir Singh, as PW -4 and closed the evidence.
(3.) STATEMENT of the accused, as envisaged under Section 313 of the Code of Criminal Procedure, was recorded in which the entire incrimination evidence appearing in the evidence of the prosecution was put to the accused, to which he denied inter alia pleading therein that he was falsely implicated in this case. The accused in his defence, examined Kulvinder Singh, Sarpanch of the Village as DW -1 and close the defence evidence.;