JUDGMENT

Aman Chaudhary, J.

The present appeal has been preferred against the judgment and order dated 03.02.2016 passed by learned Special Court, Amritsar, whereby the appellant had been convicted and sentenced to undergo rigorous impris-onment for 5 years and to pay a fine of Rs.30,000/- and in default of payment of fine, to further undergo RI for six months, for the offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act').

2. Succinctly, the facts of the case are that on 02.04.2014, while ASI Harjit Singh and other police officials on patrolling duty were present in the area of Kathu Nangal Mann village, they on reaching near bridge Nakhash, saw a person coming towards them, carrying one polythene bag in his right hand. On seeing the police party, he threw the bag and tried to turn back towards the village but on suspicion of carrying some narcotic substance, he was apprehended by the said police officials. Before conducting the search, the Investigating Officer tried to join a public witness but nobody agreed. The person, who was apprehended disclosed his name as "Dheera". After apprising him of his right to be searched in