JUDGMENT :

N.S.Shekhawat, J.

The appellant has preferred the present appeal against the impugned judgment and order dated 19.02.2025 passed by the Special Court, Gurdaspur, whereby, the appellant was held guilty for the commission of the offence punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the NDPs Act') and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000/-, alongwith the default stipulation.

2. During the course of arguments, learned counsel for the appellant made a statement that he does not wish to challenge the judgment of conviction, however, some leniency may be shown while awarding the sentence to the appellant. Even, the learned counsel for the appellant does not challenge the judgment of conviction, still, this Court has perused the evidence led by the parties and has examined the case on merits.

3. As per the case of the prosecution, on 21.11.2020, ASI Pawlinder Singh was present at Police Station Kalanaur and received a secret information that Pargat Singh ASI detained Gurjant Singh son of Satnam Singh resident of village Kamalpur near Bus Stand Mojowal, who was going on his motorcycle and had thrown one polythene packet, after taking it out from his pocket, when he was spotted by the police. ASI Palwinder Singh went to the spot and met the police party. The motorcycle, contraband and Gurjant Singh were handed over to ASI Palwinder Singh, who conducted the proceedings at the spot and tried to join the independent witnesses, before checking the contents of the polythene pouch. However, no independent person was willing to join. He checked the contents of the polythene pouch, which was thrown by the appellant/accused and 115 loose intoxicating tablets were found in the same. It was found that the appellant was carrying the tablets, without any permit or licence. Consequently, after following the due process of the law, the tablets were kept in a parcel and it was sealed by ASI Palwinder Singh. Thereafter, ASI Palwinder Singh, produced the accused, motorcycle and aforesaid parcel before Amandeep Singh SI/SHO and he embossed his separate seal bearing impression 'AS' on the parcel and kept the same in his safe custody. Next day, the accused and the case property were produced before the Court of Judicial Magistrate and the Magistrate had certified the correctness of the inventory and again sealed the parcel with his own seal. Thereafter, the tablets were sent to RTFSL, Amritsar for chemical examination. After receipt of FSL report, it was found that the tablets contain Alprazolam salt and the quantity of the tablets was found to be intermediate quantity, as per the schedule appended to the NDPS Act.

4. After the presentation of the challan, charge under Section 22(b) of NDPS Act was framed against the appellant and he pleaded not guilty and claimed trial.

5. In order to prove its case, the prosecution examined six witnesses, namely, ASI Pargat Singh as PW1, ASI Palwinder Singh as PW2, ASI Harpal Singh as PW3, Lukesh Sharma from RTO Office Gurdaspur as PW4, ASI Palwinder Singh as PW5 and Inspector Amandeep Singh as PW6.

7. After closer of the prosecution evidence, the statement of the appellant was recorded under Section 313 Cr.P.C. and he had denied all the evidence appearing against him and pleaded his false implication. Even, he examined two witnesses in his defence, i.e., Hazara Singh as DW1 and HC Gagandeep as DW2.

8. The main allegation against the present appellant is that he was found in conscious possession of 115 loose intoxicating tablets and when the tablets were examined by the FSL, the same were found to be containing Alprazolam salt of intermediate quantity. To prove the case, the prosecution had examined ASI Pargat Singh as PW1, who had apprehended the appellant on the basis of suspicion while he was coming on the motorcycle. The appellant had thrown the polythene pouch on the road, when he was signaled