Judgment :

Dr. Arijit Pasayat, J.

Challenge in this appeal is to the judgment of a Division bench of Punjab and Haryana High Court directing acquittal of the respondent who was convicted by learned Special Judge Sh. Inderjit Kaushik, Patiala, for offence punishable under Sec.15 of the Narcotic Drugs and Psychotic Substances Act, 1985 (in short `NDPS Act). Allegation against the accused was that he was found to be in possession of poppy husk weighing a large quantity in seven bags.

The prosecution version in a nut shell is as follows:

On February 20, 1999 Sub-Inspector Ajmer Singh (PW.5), along with other police officials, was on patrol duty in police vehicle PB-11A-7849 driven by Sarmukh Singh. The patrol party was present at the bridge on a drain about 20- kms. South of Police Station, Sadar, Patiala. At 7 a.m. secret information was received by Sub-Inspector Ajmer Singh that Leela and his co-accused Pritam Singh @ Billu (proclaimed offender) were habitually selling poppy husk and in case a raid was conducted they could both the apprehended red handed from near the bridge over the drain in Bhanri.

The Investigator proceeded to the spot and also informed D.S.P. Kulshinder Singh (PW.