J.S.Khehar, J.

1. The instant appeal has been filed by the accused/appellant Anup Gupta against the judgment rendered by the Special Judge, Gurdaspur, in Sessions Case No. 16 of 2004 decided on 23.12.2005. By the impugned judgment the Special Judge, Gurdaspur, convicted both the accused Ruldu Ram and Anup Gupta under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act"). By a separate order passed on the following date i.e. 24.12.2005, both the convicts Ruldu Ram and Anup Gupta, were sentenced to undergo rigorous imprisonment for 12 years and with a fine of Rs. 1,00,000/- each under Section 21 of the NDPS Act. In default of payment of fine, the defaulting convict was directed to further undergo rigorous imprisonment for one year.

2. The prosecution version of the incident is based on the statement of SI Paramjit Singh PW2 recorded in the area of village Umarpur near bye pass, Jalandhar Road, adjoining the town of Batala on 24.8.2003. In his aforesaid statement SI Paramjit Singh PW2 asserted that he along with other police officials from Police Station Civil Lines, Batala were holding a "nakabandi" at the Amritsar