KANWALJIT SINGH AHLUWALIA,J. - (1.) PRESENT appeal has been filed by Sukhwant Singh aged 33 years resident of village Bhutal Kalan, Police Station Moonak. He has been convicted by the Judge, Special Court, Sangrur under Section 15 of the NDPS Act for having in possession 25 kg and 500 gm of poppy husk, which is less than commercial quantity. He was sentenced to one year rigorous imprisonment and to pay fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.
(2.) APPELLANT was convicted on 5th December, 2001. Therefore, he was given benefit of amendment, whereby commercial and noncommercial quantities were recognized and different sentences were prescribed. On 3rd July, 1999, police party, headed by SI Jasbir Singh, was proceedings towards village Amru Kotra for patrol duty. When they reached near Jakhepal Chowk, Sunam, one Sikander Singh came present and he was joined in the police party. The appellant was found sitting on a gunny bag near the drain of the pit. On seeing the police party, accused appellant tried to run away but he was apprehended. Two samples of 250 gm each of poppy husk were prepared. On weighment, poppy husk was found to be 25 kg. Therefore, in all 25 kg and 500 gm poppy husk was recovered from the appellant.
(3.) PROSECUTION examined SI Jasbir Singh as PW-3, HC Najar Singh as PW-4. PW-1 Moharar Head Constable Sukhchain and PW-2 Constable Harbans Singh tendered their affidavits (Ex. P-A and P-B respectively). They were examined prove link evidence.;