JUDGMENT :

Sureshwar Thakur, J.

1. The appeal (supra) is directed against the impugned verdict, as made on 19.09.2022, upon Session Case (NDPS) No.13 of 2021, by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri where through in respect of charges drawn against the accused for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act"), the learned trial Judge concerned, proceeded to record a finding of conviction against the accused-appellant.

2. Furthermore, through a separate sentencing order of even date, the learned trial Judge concerned, imposed upon, the convict-Amit Kumar alias Meetu both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner:

3. The period of detention undergone by the convict, during the investigation, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off, from the above imposed sentence(s) of imprisonment.

4. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent therewith sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the instant criminal appeal.

Factual Background and Investigation proceedings

5. The genesis of the prosecution case, becomes embodied in the appeal/FIR, to which Ex.P1 is assigned. The narrations carried in Ex.P1, are that on 11.12.2020, ASI Satnam Singh alongwith ESI Jasbir Singh, LEHC Saraswati, Constable Amarjeet and Constable Sandeep Kumar were present at Ledi Turn, Bilaspur in connection with patrolling in a government vehicle bearing registration No.HR-02-AL-1400 being driven by EHC Pankaj Kumar. Meanwhile, ASI Satnam Singh received secret information that Amit Kumar alias Meetu resident of Bilaspur who had been indulged in selling of intoxicating medicines, was standing near Court Complex, Bilaspur waiting for someone to sell the intoxicating medicines. If a raid would be conducted, he could be apprehended red handed. Believing the information as correct, ASI Satnam Singh informed the other police officials. Notice under Section 42 of the NDPS Act was prepared and information was sent to Ashish Chaudhary, HPS, Deputy Superintendent of Police through LEHC Saraswati. Thereafter, ASI Satnam Singh sent a rukka through Constable Sandeep Kumar in the police station, on the basis of which, the present FIR under Section 22/61/85 of the NDPS Act was lodged. After receipt of information, Sub Inspector Surinder Kumar reached at the spot where ASI Satnam Singh was present. ASI Satnam Singh gave a copy of notice under Section 42 of the NDPS to Sub Inspector Surinder Kumar. Thereafter, search of police officials was conducted by Sub Inspector Surinder Kumar but nothing incriminating was found in their possession. Search of Sub Inspector Surinder Kumar was conducted by ESI Jasbir Singh but nothing incriminating was also found in his possession. Thereupon, after constituting a raiding party, they reached at the spot. On the signal of secret informant, accused was apprehended. On enquiry, he disclosed his name as Amit Kumar alias Meetu. Notice under Section 50 of the NDPS Act was served upon the accused, who gave his consent for his search from a Gazetted Officer. Then, Tarun Sahota, Tehsildar, Bilaspur was contacted on telephone. After some time, he came at the spot. Thereupon, search of polythene was conducted. Upon its search, 54 packets Marka Simplex C containing 432 capsules were recovered. Thereafter, Parveen Kumar, Drugs Control Officer was called who submitted his report that the weight of recovered tablets/capsules is 283.39 gram i.e. com