Sham Sunder, J.

1. This appeal is directed against the judgment of conviction dated 21.12.1998, and the order of sentence dated 22.12.1998, rendered by the Court of Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Pargat Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as the Act only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of two years, for having been found in possession of 15 Kgs. poppy straw, now falling within the ambit of noncommercial quantity, without any permit or licence.

2. The facts, in brief, are that on 16.11.1994, Bhim Singh, the then Inspector, SHO, alongwith other police officials, was present on the bridge of augmentation canal, on Karnal-Meerut road, near Sugar Mills, Karnal. Jagpal Singh, public witness, met the police party. In the meantime, the accused was seen coming from the side of Nagla Mehga chowk, with a gunny bag, on his head. On seeing the police party, he tried to retreat, but wa