R.L. Anand, J. - This is a criminal appeal and has been directed against the judgment and order dated 31.3.1999 passed by the Court of Addl. Sessions Judge, Mansa, who convicted the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I. for two years.

2. The brief facts of the case are that on 25.8.1998, the police party headed by ASI Ajmer Singh was on patrol duty and they were going in a Govt. Gypsy No. PB-31-6424 from village Dulowal towards village Nangal Kalan via link road. When the police party had covered a distance of only two furlongs from village Dulowal, one independent witness from the public namely Harnek Singh son of Nihal Singh, resident of village Dulowal, was joined with the police party. It was about 2.45 p.m. In the meanwhile, the accused came on his scooter from the side of village Nangal Kalan. He was carrying a bag on his pillion seat. On seeing the police party, the accused tried to escape but was apprehended on the ba