Rameshwar Singh Malik, J.

The present appeal is directed against the impugned judgment of conviction and order of sentence of even date, i.e., 28.10.2011 passed by learned Special Judge, Shaheed Bhagat Singh Nagar (Nawanshahr) arising out of FIR No.39 dated 10.3.2008 registered under Section 15 of NDPS Act at Police Station Banga, whereby the appellant was convicted for having in his conscious possession 15 Kg. of poppy husk without any licence or permit and he was accordingly sentenced for one year rigorous imprisonment and to pay fine of Rs.5,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for two months.

The facts of the case, in brief, which emerge from the record of the case are that on 10.3.2008, ASI Dilbagh Singh was on patrolling duty along with other police officials, in connection with checking of suspicious persons. In government vehicle bearing No. PB-12G-9050, they were going towards Village Kamam through Banga to Jhingra and Village Herian. The vehicle was being driven by Constable Saudagar Singh. When the police party reached ahead of Gurudwara Herian, one person was found coming from the side of Village Kamam on ka