JUDGMENT

Aman Chaudhary, J.

Challenge in the present appeal is to the judgment and order dated 16.11.2015 passed by Special Court, Tarn Taran, vide which the appellant was convicted and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.20,000/- for the offence punishable under Section 22 of the Narcotic Drugs and Substances Act, 1985 (for short 'NDPS Act').

2. Succinctly, the facts of the prosecution case are that on 29.03.2012, Assistant Sub Inspector Avtar Singh along with police party were patrolling and when they reached Jandiala road, near the pound of village Mallian, they saw one Hindu gentleman coming on foot from the opposite side of village Mallian, who on seeing the police party threw one polythene envelope of black colour towards the side of pound and turned back. On the asking of the Investigating Officer the accused told him that it contained intoxicant injections and due to fear, he has thrown the same on the ground. Accused picked up the said polythene envelope from the ground and handed over the same to him. Before checking the said polythene envelope, efforts were made to join public witness but none was ready to join. On search of th