N.S. SHEKHAWAT J.

1. The present appeal has been preferred against the judgment of conviction dated 14.09.2004 and the order of sentence dated 15.09.2004 passed by Learned Special Court, Kurukshetra, whereby the present appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Act, 1985 (herein after referred to as the NDPS Act) and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.6000/-, along with default stipulation.

2. The case of the prosecution in brief is that on 07.03.2001, Prem Narain, SI of Anti Narcotics Cell, CID Crime, Madhuban Karnal along with other police officials was present on GT Road and he received a secret information that Isham Singh, accused, owner of JVG Dhaba used to sell poppy husk to truck drivers and if an immediate raid be conducted at his Dhaba, he might be caught red-handed. Prem Narain, SI formed a raiding party and also informed DSP, Headquarter, Kurukshetra about the said facts. He raided JVG Dhaba and found accused going towards back side of the Dhaba carrying a gunny bag. He was apprehended on suspicion and Prem Narain, SI served a notice under Section 50 of the Act on the a