JUDGMENT M. Jeyapaul, J.(Oral) - Sole accused Sukhdev Singh @ Sukha was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and was sentenced to undergo 6 months R.I. and to pay a fine of Rs.1000/- and in default to undergo a further period of 1 month R.I. He has challenged the judgement of conviction and order of sentence passed by the trial Court. 2. The brief case of the prosecution is that PW5 ASI Manjit Singh who proceeded alongwith PW1 HC Malkit Singh and other police officials found the accused carrying a plastic bag on his shoulder in the area of village Gill Kothe Sehna at about 2.30 p.m. on 30.5.2010. As per the choice and preference of the accused, PW5 himself searched the plastic bag carried by the accused. 5 kgs. of poppy husk was recovered from the plastic bag. Two samples of 250 gms. each were drawn from the bulk quantity. The sample as well as the bulk quantity was separately parceled and sealed. The accused was arrested. He was brought alongwith the case property to the police station. Based on the ruqqa sent by PW5, a formal FIR was registered. The sample was sent for examination. The chemical examiner returned a report that the sample sent for examination was nothing but poppy husk. 3. I heard the submissions made by learned counsel appearing for the appellant as well the learned AAG, Punjab appearing for the State. 4. It was a case of search made by PW5 by chance and not based on any secret information he received. No wonder, he had not associated any independent witness. PW1 HC Malkit Singh has corroborated the evidence of PW5 to the effect that there was infact a recovery of 5 kgs. of poppy husk from the plastic bag carried on the shoulder by the accusedappellant. 5. PW1 and PW5 also have testified to the fact that the sample as well as bulk quantity were separately parceled an sealed. The chemical examiner’s report would go to establish that the sample sent for examination was not tampered with. The sample seal impression sent to the chemical examiner did tally with the seal found on the sample. The chemical examiner’s report would also corroborate the case of the prosecution. 6. The chemical examiner’s report would go to establish that the sample sent for examination was not tampered with. The sample seal impression sent to the chemical examiner did tally with the seal found on the sample. The chemical examiner’s report would also corroborate the case of the prosecution. 6. The accused cannot set-up a plea that he was not in conscious possession as it was found that he infact carried a bag containing poppy husk on his shoulder. 7. Learned counsel appearing for the appellant would submit that the accused had already undergone about 3 months and therefore, he may be sentenced to the period already undergone by him. 8. On a careful perusal of the custody certificate produced by learned AAG, Punjab appearing for the State, it is shockingly found that about 1 month prior to the pronouncement of the judgement in this case by the trial Court, the accused was booked in yet another case unde the NDPS Act. In my considered view, the accused does not deserve any leniency in the matter of sentence. The trial Court has awarded the sentence completely in proportion to the quantity of poppy husk found in possession of the accused. The question of interfering with the sentence also does not arise for consideration. 9. In view of the above, the judgment of conviction and order of sentence passed by the trial Court as against the accused-appellant is confirmed and the appeal is consequently dismissed. ------------