JUDGMENT :

Surinder Singh, J.

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 keeping in possession 200 grams of charas (noncommercial quantity) as such he was sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs. 5,000/-,. In default of payment of fine to further undergo imprisonment for a period of three months. Hence the present appeal by the accused.

2. In short, the prosecution case can be stated thus. PW9 Harbans Lal ASI was posted as In charge of CIA Staff, Una. On 10.12.2002 he along with HC PW14 Nardev Singh, constables Suresh Kumar, Subhash Chand, Sanjeev Kumar and HHC Sher Bahadur were present near Government Middle School at Mourbar.

(ii) PW5 HHC Rajinder Singh of the CIA Staff was present at Kallon Chowk near Bangarh where he had received a secret information around 2.45 p.m. that the accused was indulging in the illicit business of charas along with his accomplice Kalyan Singh and both were present in the house of Ram Pal which was under construction. He informed PW9 Harbans Lal giving the descriptio