JUDGMENT :

Kirti Singh, J.

Instant appeal has been directed against the judgment of conviction and order of sentence dated 11.12.2006 passed by Special Court (under The Narcotic Drugs and Psychotropic Substances Act, 1985) (hereinafter referred to as 'NDPS Act') Amritsar, whereby the appellant-accused have been held guilty for commission of offence punishable under Section 21 of NDPS Act and sentenced to undergo rigorous imprisonment for a period of 04 months and also sentenced to pay fine of Rs.200/- with default stipulation.

Factual Matrix

2. The facts in brief of the case which emerged from the record are that on 03.01.2002 SI Baldev Singh along with other police officials were present at T Point where he received secret information that all the three persons were involved in the sale of smack on Hero Honda motor cycle bearing registration No.PB-02-U-6274. The accused were selling smack in the area of Putlighar, Amritsar and if the raid is conducted then they could be apprehended. Relying upon this information the ruqa was recorded and it was dispatched to the Police Station. At about 3:00 p.m. the aforesaid motor cycle came on G.T. Road from the side of Islamabad and a Naka was rai