Darshan Singh, J.

The present appeal has been preferred by the appellant against the judgment of conviction dated 10.10.2008 passed by the learned Judge, Special Court, Chandigarh vide which he was held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and the order of sentence of the even dated vide which the appellant was sentenced him to undergo rigorous imprisonment for a period of seventeen days and to pay a fine of L 7,000/-, in default thereof to further undergo rigorous imprisonment for a period of four days.

2. The prosecution case as emerged from the ruqa Ex.PE is that Sub Inspector Jaspal Singh along with his companion police officials, was on patrolling duty and laid a naka on the dividing road of Sector 35/43, Chandigarh. At about 8.35 P.M., one person, named Jasbir Singh, was seen coming from South End Chowk on a vehicle make Honda Activa, bearing registration No. CH-03-L-5307. On spotting the police party, he suddenly turned back his vehicle to flee away but in that process, he fell down on the road. PW.4 Amanpreet Singh, who was coming in his car behind the said person, stopped his car and held him. Meanwhile, the Investigating Officer apprehended the suspect. In the presence of PW Amanpreet Singh, personal search of Jasbir Singh was carried out and a polythene packet containing opium was recovered from right side pocket of his trouser. On weighing, it came to be 40 grams for which he could not produce any permit or licence for keeping the same in his possession. Out of the recovered contraband, two samples of 5 grams each were taken out and converted into sealed parcels. The remaining contraband was kept in separate sealed parcel. The seal after use was handed over to PW.4 Amanpreet Singh. The case property was taken into possession vide recovery memo Ex.PC duly attested by the witnesses and ruqa Ex.PE were sent to the Police Station for recording of formal FIR. On request of Sub Inspector Jaspal Singh, Sub Inspector Krishan Chand, the second Investigating Officer reached at the spot and the case property was handed over to him. He verified the case property and found it to be in intact condition. The rough site plan Ex.PL was also prepared along with the correct marginal notes. After recording the statements of witnesses, the appellant along with the case property was produced before PW Jagbir Singh, Inspector/Station House Officer. The Station House Officer further sealed the samples and the case property. The above said FIR was investigated and report under Section 173 Cr.P.C. was prepared and presented in the Court.

3. On 20.2.2006, the appellant was charge sheeted for the offence punishable under Section 18 of the Act, to which he pleaded not guilty and claimed trial.

4. In order to substantiate its case, the prosecution examined as many as eight witnesses. The prosecution closed its evidence.

5. Thereafter, statement of the accused under Section 313 Cr.P.C. was recorded. All the incriminating circumstances were put to him. He denied the same and pleaded innocence. He pleaded that he was falsely implicated in this case and nothing was recovered from him. Infact, there was altercation between him and Sub Inspector Jaspal Singh prior to the registration of the present case as both of them resides in the same sector. He was picked up from his official residence i.e. House No. 42-B, Sector 46-A, Chandigarh at 10.30 P.M. by Sub Inspector Jaspal Singh and when he protested, his neighbourer Varinder, Thakur Singh and Avtar Singh etc. also attracted to the spot. He was forcibly taken away by the Sub Inspector and thereafter, the case was planted upon him on account of tussle.

6. In defence, two witnesses were examined by the appellant.

7. DW.1 Varinder Singh Malik and DW.2 Thakur Singh stated that they are neighbour of appellant Jasbir Singh. He was unlawfully picked up by the police in their presenc