D.C.DALELU,J. - (1.) BY the judgment and order dated 17.6.1995, the learned Addi­tional District and Sessions Judge, Churu, in a Special Case No. 93 of 1994, convicted the accused-appellant for the offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act 1985, (for short' the N.D.P.S. Act'), and sentenced him to the rigorous imprisonment for 10 years and the fine of Rs. 1,00,000. A further rigorous imprisonment for six months was directed in default of fine. Against this con­viction and sentence, this appeal has been preferred.
(2.) I have heard the arguments of both the sides. According to the prosecution, on 27.6.94 in the noon, on Rajgarh (Sadulpur)-Pilani Road, the accused-appellant was searched and from his possession, 5.00 Kgs. of crushed powdered capsules of poppy was recovered. From the recovered substance, a sample of 30 gms. was taken separately and sealed. The sample was sent to the Forensic Science Laboratory, Jaipur, for chemical ex­amination, whereupon, it was found that the sample was crushed capsules of "poppy. The S.H.O., BhanwarLal (PW 8), received an information from the informer that three persons from "Punjab were landing at the bus station Redwa with powdered poppy and were proceeding to Hanumangarh by train. Upon this information, a police search party was constituted, which included Panna Lal , Head-Constable (PW 3), Mohar Singh, EC. (PW 7), and two independent witnesses, Abbas (PW 1) and Suresh (PW 2) were also taken. On Rajgarh (Sadulpur)-Pilani road, the search party checked the accused-appel­lant and after complying with the necessary provisions of Section 50 of the N.D.P.S. Act, the search was taken and in the search 5.00 Kgs. of powdered poppy were recovered from the possession of the accused-appel­lant. A sample of 30 gms. was. duly sealed separately. The recovery memo (Ex. P-4) was made and the sample was kept in Malkhana of Police Station, Rajgarh (Sadulpur) under the custody of incharge, Satveer Singh (PW 6). The sample was then given to Pit Ram (PW 4), who after the necessary formalities in the office of the Superintendent of Police, took the sample to the Forensic Science Laboratory, Jaipur, for chemical examination. On chemical ex­amination, the sample was found vide report, Ex. P. 15, to be crushed capsules of poppy. The necessary formalities in the of­fice of the S.P. were done by Yaseen Khan (PW 5). The necessary investigation of the case was done by Jita Ram (PW9).
(3.) THE accused-appellant was ex­amined u/S. 313, Cr. P.C. The accused-ap­pellant in his statement u/S. 313, Cr. P.C. has stated that the prosecution evidence is false. He has examined no witness in his defence.;