SHAM SUNDER,J - (1.) THIS appeal is directed against the judgment of conviction dated 24.11.2000 and the order of sentence dated 25.11.2000, rendered by the Judge, Special Court, Karnal, vide which it convicted the accused/appellant Karnail Singh and sentenced him to undergo rigorous imprisonment for a period of 10 years, and to pay a fine of Rs. 1,00,000/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of six months, for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) for having been found in possession of 20 kilograms of poppy husk, without any permit or licence, now falling within the ambit of non-commercial quantity.
(2.) THE facts, in brief, are that on 17-07-1997, ASI Baljit Singh along with other police officials, was on patrolling duty, in the area of village Khijrabad when Harpinder Singh came there and when they were talking to each other, the accused was seen coming from the side of jungle, having a plastic bag on his head. He was apprehended on suspicion. On search of the bag, in accordance with the provisions of law, in the presence of D.S.P. who was called to the spot by sending a wireless message, recovery of 20 kilograms of poppy husk, was effected. A sample of 200 grams was separated. The sample and the remaining poppy husk were converted into parcels, duly sealed and taken into possession. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, FIR was recorded. Site plan was prepared. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned. On his 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 the accused, to which he pleaded not guilty, and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Constable Ajit Singh, PW1, Head Constable Jagbir Singh, PW2, ASI Thandi Ram, PW3, Head Constable Mahabir Singh, PW4, Sub Inspector Baljit Singh, P.T.C. Madhuban, PW5, and D.S.P. J.N. Ranga, PW6. Thereafter, the Public Prosecutor for the State, closed the defence evidence.;