JUDGMENT

NAVIN SINHA, J.

The acquittal of the appellant by the Special Judge, Shimla in Sessions Trial No.7-S/7/2012, from the charge under Sections 20 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the Act’) has been reversed by the High Court. The appellant has been sentenced to fifteen years imprisonment and fine of Rs.2,00,000/-. Thus the present appeal.

2. The appellant is stated to have been apprehended at Majhotli, by the police party, on suspicion, at about 6.15 A.M. after he disembarked from the State public transport bus going from Nerwa to Chamunda. Two kilograms of Charas is stated to have been recovered from a bag in his possession in presence of PW-2, Sita Ram an independent witness. DW-1 Shayam Singh, the depot in-charge at Nerwa, and DW-2 Khem Raj, the conductor of the bus in question were examined as defence witnesses.

3. After consideration of the entirety of the evidence, particularly that of PW-2 and DW-2, and also noticing that PW-1, Constable Rakesh Kumar, an eye-witness to the incident, had not been mentioned as a witness in the seizure memo Exhibit PW-1/B, the Special Judge opined that two theories had emerged wi