JUDGMENT

Sanjay Vashisth, J. - Appellant - Gulshan Kumar, then aged about 37/38 years, has filed the present appeal challenging judgment of conviction dated 07.02.2004, and order of sentence dated 09.02.2004, passed by learned Special Judge, Ferozepur, in Sessions Case No. 101, dated 19.09.2000/R.B.T. No. 117, dated 06.03.2002, arising from FIR No. 168, dated 06.07.2000, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Sadar, Fazilka.

2. On 06.07.2000, a police party headed by ASI Kuldip Singh, while on patrol duty in the area of village Sainian, apprehended appellant - Gulshan Kumar, with suspicion that he was carrying some contraband in the small gunny bag, which he was carrying in his right hand. After obtaining consent from the appellant on consent memo. (Ex. P-1), Investigating Officer carried out search of the small gunny bag and recovered 5 Kgs. of poppy husk. A ruqa (Ex. P-5) was sent to the police station, on the basis of which formal FIR (Ex. P-6) was registered. After completing formalities and investigation etc., appellant - Gulshan Kumar was put to trial. He was charged for the offence puni