ARVIND SINGH SANGWAN, J.

1. The present appeal has been filed challenging the judgment of conviction and order of sentence dated 17.09.2015 vide which the appellant was convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 10 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 02 years.

2. The present appeal was admitted on 17.05.2016 and the appellant is still in custody. This appeal is being pursued by the legal aid counsel through High Court Legal Services Committee. During the trial Court and after conviction, the appellant is in judicial custody since 17.09.2015 and is undergoing the sentence.

3. Brief facts of the case are that on 16.10.2010, ASI Didar Singh along with his co-officials was on patrol duty and while going from village Ram Nagar Bhathal towards village Mal Singh Wala, they reached near a bridge of a minor canal near bus-stand at Ram Nagar Bhathal, one person was seen sitting in the room of a bus stand and he was looking for something in a plastic bag. On se