When the police party was little short of the drain, they saw three persons sitting on gunny bags.
Primary stand was that accused had been arrested on 19.2.1993 and telegram had been sent in that regard to the police officials.
Appellant challenged the companyviction and sentence before the High Court.
The case property was taken into possession vide recovery memo Exhibit PC attested by witnesses including Santa Singh.
He has questioned the legality thereof in the present appeal.
Two samples of 250 gms.
Trial Court after companysidering the evidence on record held that the accusations against appellant Megh Singh have been found established accordingly companyvicted him under Section 15 of the Act and sentenced him to undergo RI for 10 years and to pay a fine of Rs.1 lakh with default companydition of further RI for 1 year.
On chemical examination, the samples were found to be of poppy husk vide report Exhibit PK.
500 gms.
On the basis of ruqa Exhibit PE.
were taken from each bag and after taking the samples, weight of bags was found to be 36 kgs.
All the fifty samples and 25 bags of poppy husk were sealed with seal CS which after use was handed over to HS Mithu Singh PW 2 .
The companypass of companytroversy as unfolded during trial by the prosecution is as follows On 22.2.1993, police party headed by SI Chanan Singh, In charge of Police Station Dharamgarh PW 1/B was going on kacha road towards drain from village Dharamgarh in companynection with patrol duty and when they reached near brick kiln, Santa Singh son of Bachan Singh met them and joined in the police party.
He disclosed the names of the persons who had run away to be Baldev Singh and Pillu.
F.I.R. Exhibit PE/1 was registered.
Twenty five bags companytaining poppy husk were found at the spot.
Two of them fled from the spot and the third one, accused appellant Megh Singh was apprehended.
Case property was produced before Baldev Singh, SHO of Police Station, Sunam PW 3 who verified the investigation and sealed the same with seal BS.
Baldev Singh who had run away from the spot was arrested on 27.2.1993 and Pillu Singh was arrested on 10.3.1993.
ARIJIT PASAYAT, J. Appeal preferred by appellant Megh Singh questioning his companyviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the Act was dismissed by learned Single Judge of the Punjab and Haryana High Court by the impugned judgment.
