Contraband--Intentional and deliberate non-compliance of Section 55 and Section 57, causes prejudice to accused.

Sham Sunder, J.

1. This appeal is directed against the judgment of conviction and the order of sentence dated 14.07.200S, rendered by the Judge, Special Court, Kapurthala, vide which she convicted the accused (now appellant), for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the Act only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to two years, for having been found in possession of 60 Kgs poppy husk, without any permit or licence.

2. The facts, in brief, are that on 3.7.1997 ASI Harjinder Singh along with H.C. Gian Singh and other police officials was going on the unmetalled passage, leading from Latianwala to Ahmadpur Channa, in connection with patrol duty, and when the police party reached near the motor of Ex-Sarpanch Kewal Singh, resident of village Ahmadpur, from the side of Ahmadpur Channa, a person was seen coming, carrying two bags on the carrier of his cycle. He was apprehended on suspicion. He disclosed his name as Malkiat Singh alias Kala son of Karnail Singh, r/o Village Latianwala, Police Station Sultanpur Lodhi. The search of the carrier of the cycle was conducted, in the presence of the DSP, Sub Division, Sultanpur Lodhi, who was called to the spot, by sending a message, as a result whereof, two bags were recovered. Each bags contained 30 kgs poppy husk. A sample of 250 grams of poppy husk, was taken out, from each of the bags. The samples and the bags, containing remaining poppy husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof the FIR was recorded. The site plan was prepared. The accused was arrested. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned.

On his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Section 15 of the Act, was framed against the accused, to which he pleaded not guilty, and claimed judicial trial.

3. The prosecution, in support of its case, examined Malkiat Singh, Constable, (PW-1), Sakattar Singh, Head Constable, (PW-2), Surinder Singh, DSP, (PW-3), Balbir Singh, Inspector, (PW-4), and Gian Singh, Head Constable, (PW-5) and Harjinder Singh, ASI, (PW-6). Thereafter, the Addl. Public Prosecutor of the State, closed the prosecution evidence.

4. The statement of the accused, under Section 313 of the Code of Criminal Procedure, was recorded. He was put all the incriminating circumstances, appearing against him, in the prosecution evidence. He pleaded false implication. It was stated by him, that on 29.6.1997, the police officials raided his house, on the basis of suspicion, in some theft case. It was further stated by him that on 30.06.1997, the police officials, assured the Sarpanch and respectables of the village that they would leave him (accused), but later on, they did not release him, but on the other hand, planted this case against him. In his defence, the accused examined Partap Singh, Head Constable, (DW-1), Harjit Singh, Constable (DW-2), Onkar Singh (DW-3) and Manjit Singh, Constable (DW-4). Thereafter, the defence evidence was closed.

5. After hearing the Additional Public Prosecutor for the State, the Counsel for the accused, and, on going through the evidence, on record, the trial Court, convicted and sentenced the accused, as stated hereinbefore. Feeling aggrieved, against the judgment of conviction, and the order of sentence, rendered by the trial Court, the instant appeal, was filed by the accused-appellant.

6. I have heard the Counsel for the parties, and have gone through the evidence and record of the case, carefully.

7. The Counsel for the appellant, at the very outset, submitted that no independent witness, was joined by the Investigating Officer, despite ava