Ujagar Singh, J. - Bhajan Singh appellant, aged 25 years was found in possession 20 kgs. of poppy husk without permit or licence on the 29th July, 1986 in the area of village Bhushtla by Harpal Singh PW 2, A.S.I. Deep Ram, and Din Dayal Sarpanch PW 5. The prosecution examined these witnesses and affidavits of MHC Pritpal Singh and Constable Narinder Singh, Exhibit P.A. and P.B. respectively were tendered in evidence.

2. In this statement under Section 313, Criminal Procedure Code, the appellant pleaded not guilty and alleged false implication.

3. The trial Court convicted the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for 10 years and his sentence was made to run concurrently along with the sentences imposed upon him in two other cases.

4. After hearing the parties I am of the view that the appellant deserves acquittal in as much as the provisions of the Act have been ignored. In Karam Singh v. State of Punjab, 1987 (18) Recent Laws Reports 69, it has been held by I.S. Tiwana J., that a police officer empowered in this behalf by the State Government, through a general or a special