[Criminal Appeal No. 970 of 2011]. This appeal is directed against the judgment and order passed by the High Court of Judicature of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1041-SB/2001, dated 10.12.2008. By the impugned judgment and order, the High Court has dismissed the appeal of the appellant and confirmed the judgment of conviction and the order of sentence passed by the Trial Court, dated 18.08.2001 and 21.08.2001, respectively. The appellant before us, in this appeal, has been convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 1 lac, in default of payment of which he has to undergo rigorous imprisonment for a further period of one year. Briefly stated, the incident occurred on 11.08.1999, when the Assistant Sub-Inspector Karan Singh (PW-8), upon receipt of information regarding transaction involving narcotic drugs, after recording a diary entry and intimating the superior officers of such, held a picket alongwith other police officers and Balwan Singh (PW-4). The appellant, who was riding a scooter, was stopped on suspicion. He was given an option to be searched in the presence of a Gazetted Officer or a Magistrate. The appellant chose the former and accordingly, the search was conducted in presence of the Deputy Superintendent of Police ("the DSP" for short), whereupon one kilogram of Charas was recovered from the scooter. The sample and the rest of recovered Charas were duly sealed in parcels and taken in possession vide separate recovery memos. Ruqa was sent to the Police Station, on the basis whereof an FIR was registered. Thereafter, the appellant was arrested and the statements of witnesses were recorded. On completion of the investigation, the appellant was challaned and charges were framed against him.
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