R.L. Anand, J. - This is a criminal appeal filed by Balbir Singh, and has been directed against the judgment and order dated 7.4.1999 passed by the court of Addl. Sessions Judge, Ludhiana, 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 one year.

2. The brief facts of the case are that on 15.12.1997 ASI Darshan Mal of Police Station Dakha along with HC Gulzar Singh, Gurdev Singh and Kulwant Singh, Constables, went for patrolling and nakabandi on private scooters. They were present on the bridge of the canal in the area of village Bassian Bet. In the meanwhile, the appellant was found coming from the side of village Bassian Bet a about 3 PM. On seeing the police party, the appellant felt perplexed and tried to take a turn along the bank of the canal. However, on the basis of suspicion, he was apprehended. At that time, the appellant was carrying a plastic bag on his head. The appellant was made aware by the I.O. th