JUDGMENT Mr. Kanwaljit Singh Ahluwalia, J. (Oral):- The present appeal has been filed by Dhanna Singh. He was tried by Judge, Special Court, Sangrur, in case FIR No.50 dated 7.8.1996, registered at Police Station Amargarh, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the Act’), vide judgment dated 5.2.2002 and vide a separate order of even date, he was sentenced to undergo RI for a period of ten years and to pay a fine of Rs.1.00 lac and in default of payment of fine to undergo further RI for a period of two years. 2. The criminal proceedings were set into motion on the ruqa Ex.PH sent by ASI Gurcharan Singh on the absis of which formal FIR was registered. It was stated in the ruqa that ASI Gurcharan Singh along with companion police officials was going for holding a naka near the bridge of minor canal in the area of village Bagrrian and when he reached near the bridge of minor canal, a bullock cart was spotted coming from the side of village Sukhewal. It was signalled to stop and there were five gunny bags in the cart. One person ran away from the spot. During search, five gunny bags were found on the cart. Appellant was apprehended and on interrogation he disclosed his name as Dhanna Singh s/o Piara Singh and the name of the person, who ran away from the spot, as Rup Singh son of Lal Singh. The investigating officer suspected some contraband in those five gunny bags, therefore, an offer was made to the accused that since the police party has a suspicion, if he so desired, he could get himself searched from a gazetted officer or a Magistrate. Accused reposed trust in the investigating officer. Upon search of the five gunny bags, poppy husk was found. From each bag two samples of 250 grams each were drawn and the remaining poppy husk was 35.500 kgs in each bag. Other formalities of taking into possession of the recovered contraband were completed. Thus, the appellant was found in possession of 5 bags of poppy husk, each weighing 36 kilograms. 3. After investigation of the afore-stated FIR, a challan was submitted and the case was committed to the Court of Judge, Special Court, Sangrur. 4. Other formalities of taking into possession of the recovered contraband were completed. Thus, the appellant was found in possession of 5 bags of poppy husk, each weighing 36 kilograms. 3. After investigation of the afore-stated FIR, a challan was submitted and the case was committed to the Court of Judge, Special Court, Sangrur. 4. The prosecution commenced its evidence and examined Constable Nachhttar Singh PW1 and Constable Jarnail Singh PW2 who tendered their affidavits Ex.PA and Ex.PB to prove the link evidence. Dr. Sheet Jain PW3 examined the accused and found the following two injuries on his person:- 1. Contusion 4 cm x 4 cm over the fronto lateral suface of 1 ft upper arm. 4 cm above the elbow joint, swelling bluish red in colour. 2. No other external mark of visible injury were present on the body of the person. 5. In cross examination, she stated that possibility cannot be ruled out that these injuries were caused by the police with blunt weapons. PW4 Swaran Singh stated that he was posted as SHO, P.S. Amargarh. ASI Gurcharan Singh produced before him the accused along with the case property and five samples of 250 grams. They were sealed with the seal of ‘GS’. Each bag weighed 35.500 kilograms. In cross examination, he stated that he had put his seal impression and sample seal was Ex.P1. In cross examination, he had submitted that he had made a separate case diary. ASI Gurcharan Singh PW5 stated that on 7.8.1996 he was posted as ASI at P.S. Amargarh. He was going to nakabandi when on the minor bridge of canal, a bullock cart was spotted which was signalled to spot. One person whose name was later on came to be known as Rup Singh escaped. The accused was apprehended and five gunny bags containing poppy husk were recovered from the cart. In cross examination, this witness stated that he had sent PHC Avtar Singh to bring an independent witness from village Bagrian but no witness was available. The police party waited for five and a half hours. Writing work was done partly by ASI Gurcharan Singh and partly by ASI Gurmail Singh. The witness further stated that the case property, which has been produced in the court, its seals are broken. He further admitted that a case was already registered against Dhanna Singh at P.S. Amargarh. The police party waited for five and a half hours. Writing work was done partly by ASI Gurcharan Singh and partly by ASI Gurmail Singh. The witness further stated that the case property, which has been produced in the court, its seals are broken. He further admitted that a case was already registered against Dhanna Singh at P.S. Amargarh. He further admitted that against Smt. Hamiro@ Gurnam Kaur, mother of the appellant, a case was registered under Section 379 IPC. However, he has stated that it is not in his knowledge whether any compensation was ordered in favour of Smt. Hamiro. He denied the suggestion that due to this grudge, the accused has been falsely implicated. 6. ASI Gurmail Singh PW6 who was member of the police party corroborated the testimony of PW5 ASI Gurcharan Singh. This witness in cross examination stated that the accused was known to him prior to the recovery. He further admitted that when the recovery effected, it was dark night. No search warrant was taken by the police before search of the gunny bags; no special report was sent to the higher officers from the spot. No ground of arrest was supplied to the accused. Arrest papers were prepared at the spot. According to this witness, Police Station was at a distance of 6- 7 kilometers from the place of recovery. 7. Thereafter the statement of accused was recorded under Section 313 Cr.P.C. All incriminating evidence was put to him. He denied the same and pleaded his innocence. No evidence was led in defence. 8. Shri S.S. Kharab, Counsel appearing for the appellant, has referred to Mark-A, an application submitted by the Panchayat of the village on 5.8.1996, prior to the occurrence, that the accused is likely to be implicated in a false case. No member of the Panchayat has been examined in support of the application; the same has not been exhibited. 9. The main argument raised on behalf of the appellant is that his mother Smt. Hamiro was arrayed as an accused under Section 379 IPC and the High Court had awarded compensation to her to be paid by Shri S.S. Chhina, S.P., Amritsar. This is stated to be the reason or grudge to falsely implicate the appellant. I am not impressed by this argument. Admittedly, Shri S.S. Chhina was posted at Amritsar. This is stated to be the reason or grudge to falsely implicate the appellant. I am not impressed by this argument. Admittedly, Shri S.S. Chhina was posted at Amritsar. No judgment of the High Court has been brought on record. ASI Gurcharan Singh has only admitted that Smt. Hamiro was named as an accused in a case under Section 379 IPC. He has stated that he has no knowledge as to whether any compensation was paid by the High Court. Thus,it cannot be said that the witness had any animosity to implicate the appellant. More than 150 kilograms of poppy husk has been recovered from the appellant. It is highly improbable that such a heavy recovery would be planted to implicate the appellant falsely. No effort has been made to prove defence version. Non examination of independent witness is not necessary if the evidence of the official witnesses inspires confidence. The trial court has rightly placed implicit reliance on the testimony of PW5 ASI Gurcharan Singh and PW6 ASI Gurmail Singh. 10. For the reasons stated above, there is no merit in the present appeal, which is hereby dismissed. ------------0.S.L.0------------