Jitendra Chauhan, J.

1. Convict Satpal @ Pala has filed this criminal appeal assailing his judgment of conviction dated 20.02.2010 and order of sentence dated 22.02.2010, passed by the Additional Sessions Judge, Sirsa, thereby convicting the appellant under Section 15 r/w Section 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'Act') and sentencing him to undergo rigorous imprisonment for four years and to pay a fine of `1,50,000/-and in default of payment thereof, to undergo further simple imprisonment for six months. The brief facts as set out in para No. 2 of the judgment of trial Court, is reproduced as under:--

"On 08.06.2006, a police party, including PW5 Gurmail Singh Head constable and PW6 Ramesh Chander EHC, headed by Ishwar Singh SI from P.S. Ellenabad, boarded on a government vehicle No. HR- 24-G/5600, for patrolling and carrying out the government orders, was present at village Budhi Mairi. In the meantime, a person, on a scooter without registration number, having a gunny bag tied upon its pillion, was noticed going towards Budhi Mairi Circle (chowk) from the village Abadi of the said village on the metalled road. On the basis of suspicion, he was signalled to stop but upon seeing the police party, he sped the scooter towards the said circle. His scooter was got stopped by the police party on a turn leading from the village to the said circle. However, the said person left his scooter and tried to flee away in the fields. He was overpowered at some distance. He disclosed himself to be Sat Pal @ Pala son of Mastan Singh, Jat Sikh, resident of village Jiwan Nagar, P.S. Rania, District Sirsa (for brevity 'accused'). When Ishwar Singh got suspicion that the said bag contained some contraband like poppy straw, he served a notice Ex. PD under Section 50 of the Act upon the accused that he had a legal right to give the search of the said bag in the presence of either a Gazetted officer or a Magistrate and if he wanted to do so, any of the said authorities could be called at the spot or he alongwith the said bag/case property could be taken to them for search. The accused gave a reply Ex. PE that he did not intend to give the search of the said bag before any of the said authorities. In fact, he had reposed faith in the police party. The notice Ex. PD and reply Ex. PE thereof, were signed by PW5 Gurmail Singh ASI and PW6 EHC Ramesh Chander. The said bag, then, was searched by Ishwar Singh SI, from which poppy straw was recovered. Two samples of 50 grams each were drawn from it and were converted into parcels. The residue, on weighment, came out to be 35 kgs. With the bag. It was put into that very bag and was converted into a parcel. The said parcels were then sealed with a seal 'IS' and then alongwith the above stated without number gray coloured scooter bearing Engine No. E05B1 080842 and Chasis No. 4082 were taken into police possession vide a recovery memo Ex. PF which was signed by the above stated Pws. The seal after use and retaining the specimen seal impression, was handed over to Gurmail Singh PW6. Then, Ishwar Singh SI sent ruqa Ex. PG to the Police Station for registration of a case and upon its receipt therein, ASI Ram Kumar registered a formal FIR Ex. PH. Thereafter, the Investigating Officer prepared the rough site plan Ex. PI at the spot, recorded statements of the witnesses under Section161 Cr.P.C., prepared his report Ex. PA U/s 57 of the Act and formally arrested the accused vide arrest memo Ex. PJ. Upon completion of investigation at the spot, the I.O. Took the entire case property along with the accused and witnesses to the Police Station, Ellenabad and presented them beforePW2 Inspector/SHO Madan Lal therein. The said PW, on turn, verified the facts from all concerned and upon finding the facts mentioned by Ishwar Singh SI to be correct, sealed each parcel of the case property with a seal 'ML'. He also endorsed the report Ex. PA with his endorsement Ex. PA/1, which was sub

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