- (1.) This appeal is directed against the judgment of conviction and the order of sentence dated 04.09.1997, rendered by the Court of Additional Sessions Judge, Hoshiarpur, 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 40 bags, each containing 41 KGs poppy husk.
(2.) The facts, in brief, are that on 28.04.1994, Inspector Swarn Dass along with ASI Jaswant Singh and some other police officials, was present, on the canal bridge Kangna, in connection with holding a special picket, as per the order of the DSP. A secret information was received, against Piara accused that he was indulging into the sale of poppy husk and was having bags containing the same near eucalyptus trees, in the area of village Thathiala Bet. The secret informer further informed that, if a raid was conducted, recovery of poppy husk in huge quantity could be effected from him. Swarn Dass, Inspector, tried to join some independent witnesses, but none was ready to join the investigation. Thereafter the police party raided the disclosed place, in the area of village Thathiala Bet. Piara accused was found sitting on the bags of poppy husk. On search 40 bags of poppy husk, was recovered from the possession of the accused, without any permit or licence. Wireless message was sent to Jagdish Singh Kahlon, DSP, as a result whereof, he came to the spot. Swarn Dass, Inspector produced before him the accused and 40 bags each containing 41 Kgs poppy husk, referred to above. Jagdish Singh Kahlon, DSP, took out a sample of 250 grams from each of the bags. Thereafter, the contents of the samples were put into small cloth packets and the remaining poppy husk was kept in the same bags. These were converted into parcels, duly sealed and taken into possession, vide separate recovery memo Ex.PA. The accused was arrested. The site plan was prepared. The Statement of the witnesses were recorded. After the completion of investigation, the accused was challaned.
(3.) 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.;