Jitendra Chauhan, J.

Appellant-Mukhtiar Singh has filed this appeal against the judgment of conviction and order of sentence dated 22.02.2001 passed by Special Court, Mansa whereby he has been held guilty and convicted for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1 lakh and in default of payment of fine to further undergo rigorous imprisonment for one year.

The case of the prosecution as per judgment of the trial Court is as under:-

“On 18.12.1998, the police party headed by ASI Kulwant Singh was on patrol duty in a private jeep and they were going on the canal for path towards Farwahi. When the police party reached near the canal bridge, within the area of village Kishangarh Farwahhi, the accused was seen carrying a bag on his head. On seeing the police party, he tried to escape but was apprehended on doubt. He disclosed his name as Mukhtiar Singh. On suspicion, he was asked whether he wanted to be searched before a Gazetted Officer or before a Magistrate. At that time, Jarnail Singh son of Jit Sin