Mr. Surinder Gupta, J. - This is appeal against the judgment of conviction dated 02.09.2003 and order of sentence date 04.09.2018 passed by Special Judge, Ferozepur, whereby the appellant has been convicted for the offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985(for short-NDPS Act) and sentenced to undergo rigorous imprisonment for four years and to pay a fine of 2000/- and in default of payment of fine to further undergo rigorous imprisonment for three months.

2. As per case of the prosecution, the police party headed by ASI Karnail Singh of Police Station Kui Khera, Sadar Fazilka was going for patrolling towards village Sajrana and on the way from bridge canal Kamalwala towards village Sajrana on kacha path, appellant was seen coming with a bag on his head. On seeing the police party, he felt perplexed and turned towards field having cotton crop and was apprehended on the basis of suspicion. He was asked to place the bag he was carrying on his head on the ground and Constable Balwinder Singh was sent to the village to call an independent witness. He brought Mahaja Ram Chowkidar, resident of village Kamalke, who was joined in th