INDERMEET KAUR, J.

1. This appeal is directed against the impugned judgment and order on sentence dated 07.02.2012 and 14.02.2012 respectively wherein the appellant stands convicted under Section 21-C of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘said Act’). He had been sentenced to undergo RI for a period of 12 years and to pay a fine of Rs.3 lacs and in default of payment of fine to undergo RI for a period of one year.

2. The nominal roll of the appellant reflects that as on date, he has undergone incarceration of 5 years and 9 months; remission being inapplicable to a convict under the said Act. Fine has not been paid.

3. The version of the prosecution is that on 29.12.2009 at about 05:30 pm near the Shastri Park Majar, the accused was found to be in illegal possession of 270 gms of heroin; this contained 1% diacetylmorphine which was the unlawful contraband. This recovery had been effected pursuant to a secret information which had been recorded in the police station. A raiding party had been constituted comprising of constable Satpal (PW-3), HC Mahesh (PW-11) and SI Bhagwan Singh (PW-12). Before search of the accused had been ef