Judgment :-

Altamas Kabir, J.

The petitioner was convicted for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. One lakh and in default of payment of the same to undergo further rigorous imprisonment for a period of three years. The allegation against the petitioner that he had been found in possession of six bags each containing 32 kilograms of Poppy Husk without any permit or licence, was found to have been proved by the Trial Court as well as the High Court. In order to appreciate the submissions made by Mr. R.K. Talwar, learned counsel appearing for the petitioner, it is necessary to set out the facts of the case in brief.

2. On 2nd December, 1995, Gian Singh, Inspector, along with other Police officers, was on patrol duty at the turning of Bhawani Khera on the Thanesar-Jhansa Road. He received a secret information that the petitioner herein, a resident of Singpura, was selling Poppy Husk in his house and the same could be recovered in case a raid was conducted. In the meantime, one Sukh