V.S.Aggarwal, J.

1. This appeal is filed by Mohinder Singh appellant directed against the judgment and the order of sentence passed by the leaned Additional Sessions Judge, Ambala dated 16.9.1995. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act). The appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac. In default of payment of fine, he was to undergo further rigorous imprisonment for two years.

2. The incident pertains to 8.10.1993. It is alleged that SI Ram Singh was present at Doorbin Chowk, Ambala Cantonment in connection with patrolling and crime checking. He was accompanied by UCG Ram Phal and Constable Tej Veer. At about 6.00 p.m. the appellant was seen coming from the side of Railway Station. He was having a card board carton on his head. On seeing the police party, he returned back and started walking briskly. It aroused the suspicion to SI Ram Singh. The appellant was stopped. He was told that if he likes his person can be searched before a Gazetted Officer