Baldev Singh, J.

1. Labh Singh son of Ghumand Singh son of Kishan Singh resident of village Nangal Police Station Nihalsinghwala has filed this appeal against the impugned judgment dated 13.8 2003 and the sentence order dated 14.8.2003 passed by Shri Sukhdev Singh, the then Special Judge, Moga in case. FIR No. 42 dated 8.6.1999 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be briefly referred to as the Act) Police Station Nihalsinghwala. He was convicted under Section 15 of the Act and was sentenced to undergo RI for 15 years and to pay fine of Rs. 1,50,000/- and in default of payment of fine to undergo further RI for one year and six months.

2. The prayer made in this appeal is to set aside the impugned judgment of conviction and the sentence order and to acquit the appellant of the charge under Section 15 of the Act by way of acceptance of this appeal.

3. The facts of the prosecution case are that on 8.6.1999, Sandeep Kumar Sub Inspector/Station House Officer of Police Station Nihalsinghwala along with other police officials was travelling in official Gypsy No.PB04-3145 from the side of village Takhtpura towards village Nanga