ORDER

Leave granted.

2. Heard learned counsel for the parties.

3. This appeal has been filed against the judgment of the High Court dated 13.01.2016 in CRA No.S-764-SB of 2003 by which judgment the appeal of the appellant challenging his conviction and sentence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as the 'NDPS Act ) has been dismissed.

4. The prosecution case as noticed by the High Court is that on 16.10.1998, S.I. Gurcharan Singh accompanied by ASI Teja Singh, H.C. Major Singh and other police officials was present on the bridge canal minor in the area of village Khanjarwal when Hari Krishan s/o Bhajan Lal r/o village Raikot arrived there. It was about 8.30 a.m., accused-appellant Gurmail Chand was seen coming from the side of village Khanjarwal on scooter bearing registration No.PB-04F-2642. As he tried to slip away, he was stopped on the basis of suspicion. On being enquired about the name and parentage etc., a polythene bag was found lying on the foot mat of the scooter. As the police party got suspected that there is some contraband in the polythene bag, the accused-appellant was given the option of getting the search don