JUDGMENT

Arvind Singh Sangwan, J. (Oral) - Prayer in this appeal is for setting aside the judgment of conviction as well as the order of sentence dated 08.11.2004, vide which the appellant was convicted for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and he was sentenced to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs.25,000/- and in default of payment of fine; he was directed to further undergo rigorous imprisonment for a period of 03 months.

2. Brief facts of the case, as per prosecution, are that on 29.09.2002, ASI Vishwa Mitter, along with other police officials, was present near Vijay Chowk, Amritsar, in connection with patrolling. He received a secret information that Rajinder Singh @ Kaka (appellant) of Hindustan Basti is dealing in smack and coming on a scooter to distribute the smack to various customer. Thereafter, the Investigating Officer joined a witness from the general public and apprehended the appellant and was asked whether he wanted to be searched before a Magistrate or a Gazetted Officer, to which, appellant opted to be searched before a Gazetted Offi