JUDGMENT (ORAL)

Sureshwar Thakur, J.—The instant appeal is directed against the judgment rendered on 17.5.2017, by the learned Special Judge, Kullu, District Kullu, H.P., upon, Sessions Trial No.18 of 2011/13/30 of 2017, whereby the appellant stands convicted AND is consequently sentenced to undergo rigorous imprisonment, for five years AND to pay a fine of Rs. 50,000 /-, for commission of an offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) AND in default of payment of fine, he is sentenced to suffer simple imprisonment for one year.

2. Brief facts of the case are that on 28.1.2011, as per Rapat, Ext. PW6/C, ASI Daya Ram (PW-6) alongwith HHC Lal Singh (PW-5) ASI Ram Swarup (PW-1) and ASI Rajeev Kumar, had gone for patrolling towards Van Bihar, Manali and were present there. At about 5:30 PM, the accused was found coming from Manali bus stand side, who on noticing the police party, threw a bag, which he was carrying and he tried to run away. He was apprehended by the Police, I.O. inquired the reasons of throwing the bag, but no reasonable explanation was given by the accused. The place was secluded,