Judgment

1. Leave granted.

This appeal is directed against the judgment and order dated 22nd July 2008, passed by the Punjab & Haryana High Court, in Crl. Appeal No. 628-SB of 1997, dismissing the appeal of the appellant which had been filed by the appellant against his conviction by the learned Special Judge, Sangrur, under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act). According to the case of the prosecution, P.W.3, Mr. Malkiat Singh, Sub-Inspector of Police Station, Bhawanigarh, was said to have been on patrol duty when a secret information was received by him that the appellant was dealing with Poppy Husk from his residence. On receipt of the said information the said Malkiat Singh, along with Head Constable Gurmail Singh, Constable Gamdoor Singh, Head Constable, Jagga Ram, PHG Rajinder Singh and SPO Hari Singh, went to the house of the appellant and upon questioning him they came to learn that he had concealed certain amount of contraband. Based on the said part of the information which was admissible under Section 27 of the Evidence Act, a recovery was made of four bags of Poppy Husk. At the time of seizure of the said contraband, no samples w