Surinder Singh, J (Oral) Appellant hereinafter referred to as the “accused” was chargesheeted and tried for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short ‘the Act’ and sentenced to under imprisonment for a period of seven years and to pay a fine of `70,000/- for allegedly keeping in possession of 630.36 grams of resin content of cannabis plant, 37.08% was in the recovered stuff of 1 kg. 700 grams. Hence the present appeal.(i) In nutshell, prosecution case can be stated thus. On 30.5.2009, at about 5.30 p.m. PW3 ASI Balbir Singh accompanied by H.C. Lal Chand, Constable Bheem Sen and Nanak Chand were confronted with the accused a Nepalese while going on foot on Ramsheela Tapu Bridge. On seeing the police, accused tried to escape but was over powered on suspicion. His identity and whereabouts were asked in the presence of PW1 Achhar Singh, who was associated by the police on the spot. Accused was carrying a bag (Ext. P3) in his hand. Police suspected that accused might be carrying narcotic with him as such gave him an option in writing Ext. PW1/B whether he wanted to be himself searched before a Magistrate or