Judgment :-

Surinder Singh Nijjar, J.

1. This appeal is directed against the final Order of the High Court of Punjab and Haryana at Chandigarh dated 12th May, 2008 passed in Criminal Appeal No. 590 - SB of 1999, whereby the High Court upheld the order of conviction passed against the appellant herein under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"), and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac and in default of payment of the same, to undergo rigorous imprisonment for another two years, for having been found in possession of 1 kg and 750 grams of opium without any permit or licence.

2. The prosecution story is that on 23rd September, 1994 at around 2.30 PM, Inspector Ram Pal Singh (PW4) along with SI Gurdeep Singh, ASI Satpal Singh (PW5) and other officials were on duty and coming from village Hassanpur to village Mirsapur. After reaching near the bridge of canal minor while going on kacha path, the police party noticed the appellant coming from the bank of canal. On seeing the police party, the appellant tried to run away but on suspicion he was apprehended. On