R.L.Anand, J.

1. This is a criminal appeal and has been directed against the judgment and order dated 13th June, 1997 passed by the learned Additional Sessions Judge, Amritsar, who convicted the appellant for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS Act) and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- or in default of payment of fine, the accused was directed to undergo rigorous imprisonment for a period of one year for allegedly having been found in possession of 1600 grams of charas on 28th April, 1996, when the accused was trying to cross the Attari Border for going to Pakistan. The case property, including the motor bicycle bearing registration No. L1-HH4, was also confiscated to the State, as the Charas was being carried in the said conveyance.

2. Inspector of Customs, Land Customs, Station Attari Road, Amritsar, filed a criminal complaint before the Court of Chief Judicial Magistrate, Amritsar under Section 18 read with Section 23 of the NDPS Act against the accused on the allegations that on 28th April, 1996 at about 12 Noon the appella