Mr. Anil Kshetarpal, J. : Appellant has filed this appeal through legal aid against judgment of conviction in Session Case No.51 under Section 22 of the Narcotics Drugs and Psychotropic Substance Act, 1985 and order of sentence imposing a rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lac and in default of payment of fine to further undergo two years rigorous imprisonment.

2. Facts as noticed by the learned trial Judge are extracted as under:-

“The backdrops of the story of prosecution are that on 04.08.2014, ASI Parshotam Singh of P.S. Kot Dharmu alongwith other police officials was going in Govt. vehicle from village Khokhar Kalan towards Mansa in connection with patrolling duty. When the above said party had covered one kilometer from village Khokhar Kalan towards Mansa, then one person was seen while sitting on the motorcycle bearing No.PB-65-E-2153. At that time, said person was looking into polythene bag. When the vehicle of police party had reached near said person, then he suddenly stood up. Then, ASI Parshotam Singh had apprehended him on the basis of suspicion and asked his name and address who disclosed the same as Sanjeev Kumar son of Harmesh Kumar resident of Ward No.1 near Railway Station Jakhal. Then, ASI Parshotam Singh had disclosed his identity and place of posting to said Sanjeev Kumar and asked him that he has suspicion of some contraband in his possession and he wants to take his search. ASI Parshotam Singh also apprised said Sanjeev Kumar that he has legal right to get his personal search conducted in the presence of any Magistrate or some Gazetted Officer or from him, but said Sanjeev Kumar reposed him confidence upon ASI Parshotam Singh. Then, consent memo of said Sanjeev Kumar was prepared. On search of said polythene bag, strips of Alprazolam 0.5 tablets were recovered. On counting, 300 strips, each strip containing 10 tablets, total 3000 Alprazolam 0.5 tablets were recovered, but he could not produce any permit or licence for keeping that intoxicant Alprazolam 0.5 tablets. Then, one strip of Alprazolam 0.5 tablets containing 10 tablets was separated out as sample and its parcel was prepared. Parcel of remaining 299 strips of Alprazolam 0.5 tablets was prepared. Both the said parcels were sealed by ASI Parshotam Singh with his seal impression “PS”. Sample of seal was prepared separately and he filled up form No.29. Seal was entrusted to HC Raghbir Singh after its use. Then, above said parcels of case property and sample thereof, sample of seal, form no.29, motorcycle bearing No. PB-65-E-2153 were taken into police possession vide separate recovery memo. Then, ruqa was drafted for registration of FIR under the NDPS Act and the same was sent to police station Kot Dharmu, where the present case was registered. Accused Sanjeev Kumar was arrested and the investigation was initiated, during which, rough site plan of the place of recovery was prepared with correct marginal notes and statements of witnesses were recorded. Inventory memo was prepared. Accused Sanjeev Kumar alongwith case property property was produced before SI Chanan Singh SHO P.S. Kot Dharmu and then, accused Sanjeev Kumar alongwith case property was produced before ld. Judicial Magistrate Ist Class Mansa, for initiating proceedings u/s 52-A of NDPS Act and then, accused Sanjeev Kumar was put up in lock-up. After completion of necessary formalities of investigation, challan was prepared by SHO of P.S. Kot Dharmu and was presented - in the court.”

3. Prosecution examined PW1 Constable Sandeep Singh; PW2 Sub Inspector Chanan Singh SHO; PW3 ASI Parshotam Singh Investigating Officer; PW4 Head Constable Raghbir Singh recovery witness and PW5 Pawan Kumar, Clerk in the office of DTO Sangrur.

4. Learned counsel for the appellant while pointing out the fact in the case set up by the prosecution has drawn attention of the Court to the fact that as per the assertion 3000 tablets of Alprazolam 0.5 were recovered wherea