RAJESH BHARDWAJ. J.

1. The present appeal has been filed by the appellant against the order of conviction and sentence dated 1.6.2015 passed by learned Judge, Special Court, Chandigarh, whereby appellant had been convicted for the offence under Section 21 of NDPS Act and sentenced to undergo RI for 28 days.

2. Brief facts of the case are that SI Mohan Singh along with HC Kulwant Singh, Constable Sharandeep and Constable Ajay was on patrolling duty on 12.2.2014. A Naka was laid at the turn of Rehri Market, Sector 41, Chandigarh for checking the suspicious persons due to the increasing theft and snatching incidents taking place in the city. At about 6 pm, they stopped a person coming from the side of Sector 41-42, Chandigarh. On seeing the police party he got perplexed and started moving back. On suspicion he was apprehended. He took out a polythene from the right pocket of his pent and tried to throw the same, however, SI Mohan Singh caught hold his hand and prevented him from throwing the polythene. On checking the same it was found containing heroin. On the asking of SI Mohan Singh he disclosed his name as Harjit Singh. He failed to produce any licence for carrying the contraband re