Contraband--Conscious possession--No specific question regarding the presumption sought to be raised either under Section 35 or Section 54 of the Act put to the accused--The presumption arising under the above mentioned Sections is not available to the prosecution--Accused acquitted.
Contraband--Acquittal--No money or article was recovered from personal search of accused to meet exigencies--Investigator did not enquire into the ownership of vehicle or where from the offensive good transported or transporting.

Harbans Lal, J.

1. This appeal is directed against the judgment/order of sentence dated 12.2.2001 passed by the Court of learned Special Judge, Ferozepur, whereby he convicted and sentenced accused-appellant Hakam Singh to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, `the Act).

2. As set up by the prosecution, on 8.7.1990, SI Khushi Mohd., among other police officials, happened to be present for patrolling in the Chowk (Crossing) Baba Nidhan Singh in the area of Kot Isse Khan, where he received secret information that Amrik Singh son of Narain Singh, Rai Sikh, resident of Village Daulewala was indulging in the sale of poppy husk and two days back he had gone to Rajasthan for fetching poppy husk on a truck. If the raid was conducted or Naka was held, he could be apprehended with poppy husk. On the basis of this information, Ruqa was sent to the Police Station. Thereafter, SI Khushi Mohd., in the company of other members of the Police party, set up Naka on the road leading from Kot Isse Khan to Moga near the turning of link road leading to Village Gehloti in the area of Gehloti. At about 5.15 A.M. on 9.7.1990, a truck bearing registration No. PB-J-6111 came from Moga side. The same was signalled to stop. The truck was being driven by Gurpinder Singh alias Pindoo resident of Village Ladwala, Police Station Sultanpur Lodhi, District Kapurthala, whereas Amrik Singh son of Narain Singh and Hakam Singh son of Surjan Singh accused were sitting in the body of the truck on the gunny bags. On catching sight of the Police party, Gurpinder Singh accused made good his escape. He was given a chase but could not be intercepted. Hakam Singh and Amrik Singh were apprehended on suspicion. They were offered to be searched in the presence of some Gazetted Officer or Magistrate. They reposed confidence in SI Khushi Mohd. Their consent memo to this effect was prepared which was thumb marked by them and attested by ASI Sukhjit Singh and independent witness Rulda Singh. On search of the truck by Khushi Mohd. Investigating Officer, 125 gunny bags containing poppy husk yielded. 100 grams of poppy husk was drawn from each bag to serve as sample and converted into parcels. The remainder of each bag when weighed came to 43 Kg. 900 Grams. Thereafter, all the parcels were sealed with seal KM. The specimen seal impression was prepared. The seal after use was handed over to ASI Sukhjit Singh. All these parcels along with the truck were seized vide recovery memo. On personal search of the accused, no money or any other article was recovered. The Investigating Officer prepared the rough site plan showing the place of recovery, recorded the statements of witnesses and on return to the Police Station, produced the case property before Nachhatar Singh, SHO Police Station, Dharamkot, who after verification, affixed his own seal NS on the case property and took the same into possession vide separate memo. The case property was deposited with seals intact with AMHC Dhara Singh. On receipt of chemical examiners report and after completion of investigation, the charge-sheet was laid in the Court for trial of the accused. He was charged under Section 15 of the Act to which he did not plead guilty and claimed trial.

3. To bring home guilt against the accused, the prosecution examined PW-1 DSP Nachhatar Singh (the then SHO), PW-2 Constable Dhara Singh, PW-3 DSP Khushi Mohd. (the then SI), PW-4 ASI Sukhjit Singh, PW-5 Constable Gurmel Singh and closed its evidence.

4. When examined under Section 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence. He did not lead evidence in defence.

5. After hearing the learned Additional Public Prosecutor, th