Surinder Singh, J. (Oral) The appellant hereinafter referred to as ‘the accused’ was convicted by the learned trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short “the Act” for allegedly keeping in his possession resin content of 80.5 grams of cannabis plant (charas) in the recovered stuff of 350 grams, as such he was sentenced to undergo rigorous imprisonment for a period of five months and to pay a fine of Rs. 5,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment of one month.

2.Since the accused had already in custody for more than six months therefore, the period already undergone by him was ordered to be set-off under Section 428 of the Code of Criminal Procedure.

3.The accused felt aggrieved and dissatisfied by the impugned judgment of conviction and sentence, as such directed the present appeal.

4. In brief, the prosecution case as emerges from the evidence on record can be put thus. On 4.12.2009 at about 4.45 p.m. PW8 S.I. Liaq Ram Sasodia was heading a police patrol-party consisting of PW1 ASI Bahadur Singh, PW2 Nand Lal, PW3 Bhupinder Singh and constables Kulbir and Mohinder. Po