ORDER :

(Birendra Kumar, J.) :

1. This is an appeal against judgment of conviction recorded on 02.07.2024 in Sessions Case No.45/2021, whereunder the appellant was found guilty and was sentenced for offence under Section 8/22 of NDPS Act. Rigorous imprisonment of 10 years and a fine of Rs.1,00,000/- was awarded against the appellant and in default of payment of fine, further two years rigorous imprisonment was additionally awarded.

2. The prosecution case is that on 30.09.2020, Mr. Ram Pratap Verma, SHO Hindumalkot Police Station along with his police team was on patrolling near Aam Kotha Khakhan Road. The informant saw the appellant carrying a plastic bag on his shoulder. The appellant was intercepted and from his possession Tramadol Hydrochloride Tablets were recovered. Total weight of the tablets was 3 Kg. 900 Gms. Since the appellant had no license to carry those tablets, the appellant was arrested at the spot and FIR No.240/2020 was registered with Hindumalkot Police Station. The samples were taken out at the spot and since no independent and respectable witness was there, the police constables who were party to the raiding team were made witnesses of the search and seizure. The