Sham Sunder, J.

1. This appeal is directed against the judgment of conviction dated 8.9.1999, and the order of sentence dated 9.9.1999, rendered by the Presiding Officer, Special Court, Kurukshetra, vide which he convicted the accused/appellant, for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic, Substances Act, 1985 (hereinafter called as the Act only) and sentenced him, to undergo rigorous imprisonment for a period of 10 years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of two years, for having been found in possession of 15 Kgs., poppy-husk, now falling within the ambit of non-commercial quantity, without any permit or licence.

2. The facts, in brief, are that on 1.12.1995, Baljit Singh, ASI, alongwith other police officials, was on patrol duty, at Rajbaha bridge, at Jalbehra head, when the accused was seen coming with a plastic bag, on his shoulder, who on seeing the police party, tried to retreat, but was apprehended, on suspicion. Some narcotic substance was suspected, in the bag, being carried by the accused. On search of the bag, being carried by the accuse