Judgment

Ms. Kirti Singh, J.

The instant appeal is preferred against the judgment of conviction dated 16.01.2006 passed by the learned Presiding Officer, Special Court, Kurukshetra, whereby the appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short ‘the NDPS Act’) and was sentenced to undergo rigorous imprisonment for period of 03 years and to pay a fine of Rs.15000/- and in default of payment of fine to further undergone simple imprisonment for a period of 04 month.

2. The facts as put forth by the prosecution are that on 12.03.2002 SI Ram Singh along with other police officials were present on Barara Chowk, Shahabad when secret information was received to the effect that a white Maruti car bearing No.PB-07B-0666 was coming from Pipli side in which some narcotic substance was being taken to Ambala and if a nakabandi was laid then some narcotic substance could be apprehended. On this information nakabandi was laid. After some time the said car came and despite a signal to stop being given to the driver, the car did not stop and broke the naka. The car was followed and when the police jeep over took the car, then the car drive