Kanwaljit Singh Ahluwalia, J.

1. Pappu son of Noordeen, in the present appeal, has challenged the judgment dated 25.9.2001, pronounced by the Court of Special Judge, Gurdaspur, who held the appellant guilty of offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "1985 Act"), and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-, in default whereof to further undergo rigorous imprisonment for a period of six months.

2. The conviction of the appellant was recorded because as per prosecution case, on 29.12.1999 at about 9.30 P.M. in the area of Dhira, near Nalwa bridge, he was found in possession of 1 kg. 300 grams of charas.

3. The brief facts of the case can be gathered from ruqa Ex. PF on the basis of which formal FIR Ex. PB bearing No. 240 dated 29.12.1999 was registered at Police Station City Pathankot under Section 20 of the 1985 Act. Ruqa Ex. PF stated that PW.5 Surinder Singh, Inspector, along with his companion police officials was on patrol duty for checking of anti social elements and was present at Nalwa bridge near link road Dhira. At that time, o