ARVIND SINGH SANGWAN, J.

1. Prayer in this appeal is for setting-aside the judgment of conviction dated 03.10.2001, vide which the appellant was convicted for an offence punishable under Section 18 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') for having possession of 12 Kgs of opium without licence/permit as well as the order of sentence of even date i.e. 03.10.2001, vide which the appellant was 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 06 months.

2. Before referring to the facts, it may be noticed that the sentence of the appellant was suspended vide order dated 09.12.2003, thereafter, when the case was taken up for hearing, vide order dated 06.03.2017, an amicus curiae was appointed by the Court as no one appeared on behalf of the appellant on the previous dates of hearing.

3. Brief facts of the case are that on 04.02.1998, a police party head by SI Sakatter Singh, SHO Police Station Dehlon were present on a canal bridge while being on patrolling duty in the area of Killa Raipur, the