MEHINDER SINGH SULLAR
Court on its own motion – Appellant
Versus
Umesh Kumar – Respondent
1. The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition, emanating from the record and as claimed by the prosecution, is that on 13.5.2011, in the wake of search, 30 kg. of Poppy husk (for brevity "first recovery") was recovered from the possession of respondent-accused Umesh Kumar alias Chotu son of Ram Narayan, without any permit or licence. Consequently, on the basis of writing (ruqqa), a criminal case was registered against him, vide F.I.R. No. 41 dated 13.5.2011, on accusation of having committed an offence punishable u/s. 15 of The Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the Act") by the police of Police Station Samana, District Patiala. During the course of investigation, the respondent-accused made a disclosure statement on 14.05.2011 to the effect that he had kept concealed three plastic bags containing poppy husk in the field near the canal (place of recovery). In pursuance thereof, three plastic bags containing 90 kgs. (30 Kgs. each) of poppy husk (commercial quantity) (for short "the second
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