P.K.Jain, J.

1. This appeal has been preferred against the judgment and order dated September 28, 1993, passed by the Additional Sessions Judge, Sangrur, whereby the appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and has been sentenced to undergo rigorous imprisonment for 15 days and to pay a fine Rs. 5,00,000/-, in default of payment of which to undergo further rigorous imprisonment for five years. His co-accused and real brother Avtar Singh has been aquitted on account of his identity having been not established.

2. The prosecution case is that on 25.7.1990, S.I. Bikramjit Singh, S.H.O., Police Station, Sherpur (P.W. 2), along with other police officials, was holding a naka on the bridge over the canal drain in the area of village Mahmadpur. One Nirbhai Singh of village Poorgarh, while coming from the side of village Kuthala, joined them. At about 9.45 p.m., a truck bearing registration No. PUL-9965, came from the side of village Mahmadpur. On a signal given by S.I. Bikramjit Singh (P.W.2), the truck was stopped. The appellant was on the wheel of the truck, his co-accused Avtar Singh jumped out