Surinder Singh, Judge (Oral):-The appellant has challenged the judgment of conviction and sentence passed by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short “the Act” for allegedly possessing 1.700 Kgs. of charas which contained 37.09% of resin, which is a constituent of charas and that comes to 640 gms. in the recovered quantity. Thus, the trial Court convicted and sentenced the appellant under Section 20(b)(ii)(B) of the Act to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.25,000/- and in default of making payment of fine, the appellant was further ordered to undergo simple imprisonment for a period of four months, which has been challenged in this appeal.

2. In short, the prosecution case is that on 29.10.2006 PW-6, Sub Inspector, Ram Karan was on patrolling duty alongwith other police officials in Banjar area. At about 2.30 p.m. when the police party reached one K.M. from Sidhwan, they noted the appellant, a Nepali, carrying a polythene bag in his hand, who on seeing the police party travelling in the vehicle threw the bag on the road which he was carrying and started runn