Nirmal Yadav, J.

1. This is an appeal against the judgment and order dated 15.3.2004 passed by Shri Dharam Singh, Special Judge, Mansa, convicting the accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-. In default of payment of fine, he was to further undergo rigorous imprisonment for a period of six months. The learned Special Judge tried five accused in all under the above charge, out of which four have been acquitted and only present appellant has been convicted and sentenced as referred above.

2. In brief, case of the prosecution is that on 23.9.1999 Sukhwinder Singh SI along with other police officials and an independent person Surjit Singh alias Sita son of Puran Singh, resident of Sardoolgarh, was holding Nakabandi on the kacha passage leading from Lohgarh to Beeranbandi, in the revenue estate of Lohgarh. At about 5.30 A.M. at the place of Naka one Eicher Tractor with a trolley was seen coming to village Lohgarh from village Beeranbandi, which was signalled to be stopped. Immediately, when the tractor s