JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The appellant who is accused no. 3, along with two co-accused, was convicted by the learned Special Judge under the Narcotic Drug and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) for the offence punishable under Section 15 of NPDS Act. Learned Special Judge held that the prosecution had brought home the charge against the accused that they were found in conscious possession of poppy straw having the quantity of 205 kilograms without any licence or permit. The accused, including the appellant, were ordered to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- each. The default sentence was of imprisonment for two years. The conviction of the appellant and two others has been confirmed by the High Court by the impugned judgment.

2. On 22nd May 2001, Assistant Sub Inspector Dhian Singh (PW-10), along with other police officials, was on patrolling duty in Ambala Cantonment. They received secret information in the afternoon that three parcels on platform no. 4 and two on platform no. 6 of Ambala Cantonment station contained contraband. The destination of the parcels was Kurail Railway Station. Therefor