JUDGMENT :

Vivek Puri, J .

1. The challenge in the present appeal is to the judgment of conviction dated 12.07.2005 vide which the appellant has been convicted under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and the order of sentence dated 13.07.2005 passed by the learned Judge, Special Court, Kapurthala, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3000/-, in default whereof to further undergo simple imprisonment for the period of two months.

2. The brief facts of the instant case are to the effect that on 2.7.2003 A.S.I Parma Nand alongwith fellow Police Officials were patrolling in an official vehicle and were present at the bridge at Cheeka- Balbehra road. Meanwhile, the appellant was spotted coming from the side of village Harigarh Kingan and was carrying a plastic bag on his head. On seeing the police party, the appellant tried to turn back and was apprehended at the spot. The identity of the appellant was verified. It was suspected that the appellant was carrying some narcotics substance and as such a notice under section 50 of the Act was serve