Mr. K.C. Puri, J.:- This is an appeal directed by the accused/appellant against the judgment of conviction and order of sentence dated 23.01.2004 passed by Shri G. S. Gill, Special Judge, Fatehgarh Sahib, vide which the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter mentioned as “Act”).

2. The factual matrix of the case is that on 24.10.2002, HC Bhag Singh along with other police officials was on patrolling duty in govt. vehicle bearing registration No. PB-23-B-7503. At about 4.45 PM, when they were proceeding from village Mullanpur towards Fatehpur and were near the cremation ground of Fatehpur, then one person was spotted sitting on the right side of the road. He was sitting on a plastic sheet beneath a Tahli tree besides poppy husk. An empty plastic bag and a plastic container were also lying there. On noticing the police party, the said person tried to flee. He was apprehended on suspicion. One Pargat