Mr. Inderjit Singh, J.:- The present appeal has been filed by the appellant against the judgment of conviction dated 03.02.2009 and order of sentence dated 06.02.2009, passed by the learned Judge, Special Court, Yamuna Nagar at Jagadhri, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Section 20 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. The brief facts of the prosecution case are that on 26.01.2008, ASI Ram Phal along with other police officials was present at railway crossing, Pansara, where he received secret information against Raja Ram Parshad that he used to bring intoxicant ‘ganja’ from the State of Uttar Pradesh and used to sell the same in the city Jagadhri and Yamuna Nagar. On that day, he had also gone to Uttar Pradesh for bringing ‘ganja’ and at present he was standing on the turning of village Dusani along with two kattas (gunny bags) of narcotic substance in wait for some vehicle and if a raid is conducted, he can be