Mr. Inderjit Singh, J.: - The present appeal has been filed by the appellant against State of Punjab, challenging the judgment of conviction and order of sentence dated 25.01.2016 passed by learned Sub Divisional Judicial Magistrate, Samana, whereby the appellant was held guilty and convicted and sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs. 10,000/- and in default of payment of fine, to undergo simple imprisonment for a period of 15 days under Section 21 of the NDPS Act.

2. The brief facts of the prosecution case as noted down in the judgment passed by learned Sub Divisional Judicial Magistrate, Samana, are as under:-

“The present case against the accused is based upon charge under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘NDPS Act’ ) against the accused for having been found in possession of 5 Gram Smack. Case FIR was registered. After arrest of accused and completion of investigation, challan against accused was presented in the court.”

3. On presentation of challan against accused-appellant, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prim