Sham Sunder, J.:- This appeal is directed against the judgment of conviction, and the order of sentence dated 10.11.1997, rendered by the Court of Addl. Sessions Judge, Sangrur, vide which it convicted the accused (now appellant), for the offence punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as ‘the Act’ only) and sentenced him, to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs.1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year, for having been found in possession of 1 Kg. 250 grams opium (now falling within the ambit of non­ commercial quantity), without any permit or licence.

2. The facts, in brief, are that on 25.6.1996, Ashok Mohan, SI/SHO, alongwith other police officials, in a Govt. vehicle bearing No.PB-13-B-1601, was present in the revenue limits of village Papra, in connection with holding a picket, when Gurcharan Singh S/o Diwan Singh, was also joined, in the police party. At that time, the accused came from the side of village Lehalkalan, on metalled path. He tried to retreat, on seeing the police party. On susp