(O&M) 1 (O&M)

1. Challenge in the present appeal is to the judgment/order dated 04.01.2016, passed by the learned Judge, Special Court, Sangrur, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for one year alongwith fine of Rs.5,000/- and in default of payment of the same, to further undergo rigorous imprisonment for three months, for the offence punishable under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’).

2. The factual matrix reveals that on 13.08.2012, when SI Hardial Dass alongwith other police officials were on government vehicle for checking bad elements and reached near the phirni of Gobindpura Nagri one Harmesh Lal joined the police party. Thereafter, the police party reached near bridge of canal minor in the area of Gobindpura Nagri, appellant carrying a white envelope was seen coming. On suspicion he was apprehended and 500 grams of opium was recovered. The requisite samples were drawn and sealed. Ruqa was sent, on the basis of which, an FIR was registered.

3. After the investigation concluded, the police submitted the final report in terms of Section 173 Cr.P.C. The Court, upon finding