Sham Sunder, J.:- This appeal is directed against the judgment of conviction dated 15.9.2003, and the order of sentence dated 16.9.2003, rendered by the Judge, Special Court, Bathinda, vide which he convicted the accused/appellant (Rishal Singh), 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 two years, for having been found in possession of 3 kgs. Opium, without any permit or licence. The trial Court, however, acquitted Daulat Ram S/o Ghisa Ram, accused.

2. The facts, in brief, are that on 5.9.2000, Balwinder Singh, Inspector, alongwith other police officials, was going in a Govt. Canter, towards Village Sheikhu, in connection with patrol duty, and holding a picket, and when the said police party reached at Bagha road, near railway crossing, Sukhpal Singh @ Pala, public witness, met it, who was joined with it. Thereafter, the police party held a picket at unmetalled path, leading