P.K.Jain, J.

1. This appeal is directed against the judgment and order dated December 22, 1986, passed by the Addl. Sessions Judge, Gurdaspur, whereby the appellant has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, or in default of payment of which to undergo further rigorous imprisonment for five years.

2. The prosecution case as unfolded by H.C. Gulzar Singh (PW 2) is that on 20.11.1985, he along with Constable Joginder Singh was patrolling the area of village Dhianpur towards village Kotli via link road. At about 3.00 p.m. they met H.C. Dalbir Singh and Constable Virkha Singh who had come from the side of village Kotli. When they were just talking, the appellant is alleged to have come from the southern side and on seeing the police party sat down at a distance of about 10 paces on the pretext of urinating. Suspicion having arisen, H.C. Gulzar Singh detained him and conducted his search. From the front pocket of the shirt worn by the appellant 200 grams of opium wrapped in a glazed paper was recovered. Five gr