JUDGMENT

N.S. Shekhawat, J.

Challenging the correctness and legality of the impugned judgment of conviction dated 14.12.2004 and order of conviction dated 16.12.2004 passed by the Judge, Special Court, Panchkula, whereby, the present appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/-, along-with the default stipulation, the appellant has preferred the present appeal before this Court.

2. In short, the prosecution story is that on 28.03.2003, a police party headed by Mohinder Singh, SI/SHO was on patrolling duty near the turning of Phase I, Panchkula near Zirakpur on a government jeep, a person, namely, Rohit Sharma son of Swatantra Kumar resident of H.No. 12, Rajiv Colony, Panchkula, met them and started talking to the police party. In the meantime, another person was seen coming from the side of village Zirakpur having a plastic bag of white colour on his head. On seeing the police party, he turned back and started walking at a fast speed. Further, on finding the circumstances suspicious, he was apprehended by the police team and on inquiry by Mohinder Singh, SI/SHO, he disclosed his name and address as Raj Pal son of Mohan Singh, resident of village Gangosi, District Badayun, U.P., at present resident of village Karanpur, Tehsil Kalka, District Panchkula. Since, it was suspected that he was carrying some contraband in the bag, a notice under Section 50 of the NDPS Act was served upon him to the effect that as to whether he wanted to get his search conducted before a gazetted officer or a Magistrate. On this, Raj Pal opted to be searched before a gazetted officer. On getting a wireless message from the police party, Desh Bandhu, DSP, Headquarters, Panchkula, who was a gazetted officer, reached at the spot and the police party apprised him of all the facts of the case. On the directions by the DSP, Headquarters, the search was conducted by Mohinder Singh, SI/SHO and the bag was found to be containing choora post (poppy husk). Two samples of 250 gms each were separated and the remaining quantity of the poppy husk was found to 17.500 kgs. The sample parcels as well as the residue quantity were sealed again with the seal "MS" of Mohinder Singh, SI/SHO and "DS" of Desh Bandhu, DSP, Headquarters. The seal of SI/SHO after use was handed over to Head Constable Ramesh Kumar whereas the DSP retained his seal with him. Sample seal and other sealed parcels were taken into possession vide separate recovery memos, which were attested by the DSP Headquarters. The rukka was sent for registration of the criminal case and a FIR was formally registered in the police station. The formal investigation was conducted by Mohinder Singh, SI/SHO and after necessary investigation, he also sent a report under Section 57 of the NDPS Act to the senior police officers. The samples were sent to the Forensic Science Laboratory for analysis of the contents and it was found to be containing poppy straw. Ultimately, report under Section 173 Cr.P.C. was prepared and presented to the competent Court for trial.

3. After going through the evidence collected during the course of investigation, the learned trial Court ordered framing of charge under Section 15 of the NDPS Act against Raj Pal accused and he pleaded not guilty and claimed trial.

4. In support of the charge, the prosecution examined six witnesses, namely, PW1 Constable Bansi Lal