Sham Sunder, J.:- This appeal is directed against the judgment of conviction dated 27.1.2000, and the order or sentence dated 28.1.2000, rendered by the Court of Sessions Judge, Kurukshetra, vide which it convicted the accused/appellant, for the offence; punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter called as ‘the Act’ only) and sentenced him, to undergo rigorous imprisonment for a period of 12 years, and to pay a fine of Rs.1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of three years, for having been found in possession of 12 bags, each containing 35 kgs. poppy-husk.

2. The facts, in brief, are that on 6.7.1997, Naranjan Singh, ASI of CIA staff, Kurukshetra, alongwith some other police officials, proceeded for patrol duty, at about 10.30 A.M. and when the police party was present near the bridge, on the canal, in the area of village Megha-Majra, a secret information was received, that the accused was engaged in the sale of poppy-husk, and was indulging in such nefarious activities, while sitting in a room (kotha), on the unmetalled path. On receipt of the secret information, Ajaib Singh, an independent witness, was joined by the Investigating Officer. Thereafter, the police officials, alongwith Ajaib Singh, independent witness, proceeded towards the aforesaid room, (kotha), and when they reached near it, Mohinder Singh, accused, was found sitting, in front of the same. He was apprehended. He was told that he was suspected to be in possession of some narcotics, lying in the room (kotha) aforesaid. Notice, in terms of Section 50 of the Act, was served upon him, as to whether, he wanted the search of the room, to be conducted, in the presence of a Gazetted Officer or Magistrate. The accused opted that he wanted the search of the room, to be conducted, in the presence of a Gazetted Officer. Naranjan Singh, ASI, then sent a message to Yogender Nehra, the then DSP, Pehowa, who reached the spot. On receipt of the message, Yogender Nehra, DSP, reached the spot. After he arrived at the spot, he again served a notice, in terms of Section 50 of the Act, upon the accused. Thereafter, the accused took out the key, from his pocket, and opened the lock of the room, referred to above. On search of the room, 12 bags, each containing 35 kgs. poppy-husk, were recovered. Two samples of 250 grams, from each of the bags, were taken out, and the remaining poppy-husk, was put into the same bags. The samples, and the bags, containing the remaining poppy-husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo, attested by the witnesses. Thereafter, Ruqa, Ex.PC, was sent to the Police Station, on the basis whereof, FIR, Ex.PC/1 was registered. Rough site plan of the place of recovery, was prepared. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.

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

4. The prosecution, in support of its case, examined Mohinder Singh, HC (PW-1), Ujjagar Singh, Constable (PW-2), Darshan Singh, ASI (PW-3), Gulab Singh, SI (PW-4), Yogender Nehra, SP (PW-5), Roshan Lal, Constable (PW-6), and Naranjan Singh, ASI (PW-6), the Investigating Officer. Ajaib Singh, independent witness, was given up, as won over by the accused, vide separate statement made by the Public Prosecutor for the State. After tendering into evidence, report of the Forensic Science Laboratory, Ex.PII, the Public Prosecutor for the State, closed the same.

5. The statement of the accused, under Section 313 Cr.P.C., was recorded, and he was put all the incriminating circumstances, appearing against him, in the prosecution evide