JUDGMENT :

Arvind Singh Sangwan, J.

1. Prayer in this appeal is for setting-aside the judgment of conviction as well as the order of sentence dated 01.04.2004, vide which the appellant was convicted for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and he 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 01 year.

2. It is relevant to note here that the appellant has already undergone 04 years and 02 days of sentence, which includes more than 15 months after conviction, when his sentence was suspended by this Court on 20.08.2008.

3. Brief facts of the case are that on 03.12.2000 at about 08:00 PM, SI Sukhdev Singh along with his police party held nakabandi in the area of village Jangpura bus stand where Amarjit Singh PW met them and he was joined in the police party. SI Sukhdev Singh was talking with him and in the meantime, a Maruti car bearing registration