Jitendra Chauhan, J.

Appellant-Mukhtiar Singh has filed this appeal against the judgment of conviction and order of sentence dated 22.02.2001 passed by Special Court, Mansa whereby he has been held guilty and convicted for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lakh and in default of payment of fine to further undergo rigorous imprisonment for one year.

The case of the prosecution as per judgment of the trial Court is as under:-

“On 18.12.1998, the police party headed by ASI Kulwant Singh was on patrol duty in a private jeep and they were going on the canal for path towards Farwahi. When the police party reached near the canal bridge, within the area of village Kishangarh Farwahhi, the accused was seen carrying a bag on his head. On seeing the police party, he tried to escape but was apprehended on doubt. He disclosed his name as Mukhtiar Singh. On suspicion, he was asked whether he wanted to be searched before a Gazetted Officer or before a Magistrate. At that time, Jarnail Singh son of Jit Singh resident of village Samaou also passed that way, who was joined with the police party. In the presence of the witnesses, the accused opted to be searched before a Gazetted Officer. The consent memo of the accused Ex.PF was prepared, which was signed by him and attested by the witnesses. Thereafter, a wireless message was sent to the DSP Iqbal Singh, Sub Division Mansa, to come to the spot. DSP Iqbal Singh also told the accused that he is a Gazetted Officer. The accused accepted to be searched before DSP Iqbal Singh. The identification memo and consent memo is Ex.PB. Thereafter, under the directions of DSP Iqbal Singh and in his presence, accused was searched and the bag in his possession was opened which contained poppy husk. Two samples of 100 grams each were taken from the recovered material and the remaining poppy husk was weighed which came out 14 kg 200 grams. The samples and the bag of poppy husk were sealed with the seal of 'KS' by the IO and the seal after use was handed over to PW Jarnail Singh son of Jit Singh. Ruqa Ex.PA was sent to the police station, on the basis of which a formal FIR Ex.PA/1 was registered. The accused was formally arrested and the reasons for his arrest were disclosed to him, vide Ex.PK. The site plan Ex.PL was prepared and the case property along with samples and the accused were brought at the police station and were entrusted to the SI/SHO Paramjit Singh, who checked the case property and samples and affixed his seal 'PS' upon them. He kept the case property and samples in his custody, while the accused was confined in the police lockup. On the next day, the case property and the samples along with accused were produced before the Illaqa Magistrate, who checked the seals on the case property and the samples and they were found intact. The samples were sent to the Chemical Examiner for its test, who submitted his report Ex.PE, stating therein that the contents of the samples are of Chura Poppy heads. After the conclusion of investigation, challan against accused was presented in the Court.”

On presentation of challan, the trial Court finding prima facie charge against accused-appellant Mukhtiar Singh, framed charge for the offence under Section 15 of the Act. The accused pleaded not guilty to above charge and claimed trial.

In support of its case, the prosecution examined PW-1 SI Paramjit Singh; PW-2 Constable Rachpal Singh; PW-3 ASI Kulwant Singh; PW-4 Constable Balwinder Singh and PW-5 DSP Iqbal Singh

PW-1 SI Paramjit Singh testified the case property after affixing his seal on the same. PW-2 Constable Rachpal Singh proved the prosecution version. PW-3 ASI Kulwant Singh, Investigating Officer of the case proved the recovery of contraband from the accused. PW-4 Constable Balwinder Singh also corroborated the enti