Hemant Gupta, J.

1. The present appeal is by Mohd. Iqbal, a Pakistan National, against the judgment dated 10.12.1996 passed by Additional Sessions Judge, Gurdaspur, convicting the him under Sections 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as `the Act).

2. Brief facts out of which the present appeal has arisen is that on 5.12.1995 Directorate of Revenue Intelligence had received a secret information about the smuggling of contraband across the border. In pursuance of such information a nakabandi was organised on 16.121995 at T Junction of Mamoon Cantt on Jammu-Pathankot Highway. At about 8 a.m., the Officers observed a person coming from the bushes towards Indo-Pak border and on being challenged to stop the person tried to make good his escape but he was overpowered by naka party. The suspected person was carrying two bags and disclosed his identity as Mohd. Iqbal son of Bashir Ahmed, resident of village Jarpal, Tehsil Shakargah, District Narowal (Pakistan). He disclosed that he had come from Pakistan alongwith one Indian named Harpal and that he was carrying narcotic substance in the bag and that he was waiting fo