Judgment

Fakkir Mohamed Ibrahim Kalifulla, J.

1. Delay condoned.

2. Leave granted.

3. This appeal is directed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 12.08.2010 in Criminal Appeal No.5-SB of 2000. The appellant was proceeded against for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called "the NDPS Act"). The trial Court by its judgment dated 30.07.1999, in Sessions Case No.39 of 31.05.1996, found the appellant guilty of the offence alleged against him and while convicting him imposed a sentence of 10 years rigorous imprisonment apart from a fine of Rs.1,00,000/- (Rupees One Lac only) and in default of payment of fine to undergo rigorous imprisonment for one more year.

4. The case of the prosecution as projected before the trial Court was that on 04.04.1996, S.I. Darbara Singh, who was examined as P.W.6, was posted as S.H.O, Police Station, Sunam. According to him he along with A.S.I. Balbir Singh, A.S.I. Massa Singh, H.C. Bhim Sain and other police officers were present at 'T' point in an area of village Ugrahan in connection with Nakabandi. At about 00.15 AM, one tractor trolley was seen co