SURESH KAIT SURESH KAIT, J.

1. Vide instant appeal, appellant has challenged the impugned judgment dated 18.10.2005 whereby he was convicted for the offences punishable under Section 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘NDPS Act’) for having been found in unlawful possession of 3.5KGs of charas.

2. Also challenged the order on Sentence dated 21.10.2005 whereby, the appellant was sentenced to under RI for a period of ten years and to pay fine of `1.00 Lac and in default of payment of fine, he shall further undergo SI for one year. The benefit of Section 428 Cr. P.C. has also been extended to him.

3. The brief facts of the case are that on 24.09.2003, a secret information was received that the appellant was carrying charas at a given place and at a particular time. Accordingly, a raiding team was constituted and the appellant was caught allegedly carrying 3.5 KGs of charas on 24.09.2003 at 02:00PM.

4. Further, the case of prosecution that he was carrying a green coloured polyethene bag which contains 8 smaller polyethene bags having black colour substance.

5. Accordingly, two samples of 25 Grams each were made after