ORDER :

(Birendra Kumar, J.) :

1. The sole appellant Surendra Kumar has challenged his conviction for the offence under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by the impugned judgment dated 10.07.2023 passed by the learned Special Judge, NDPS Act Cases, Hanumangarh in Sessions Case No. 21/2020 (CIS No. 21/2020). The learned trial Judge has sentenced the appellant with 10 years’ rigorous imprisonment plus fine of Rs.1 Lac and in default of payment of fine, 6 months’ rigorous imprisonment has been ordered. By the same judgment, co-accused Ashok Kumar was acquitted giving benefit of doubt.

2. In brief, the prosecution case is that on 13.1.2020 at about 10:39 am, PW-3 Bishan Sahay, SHO of Goluwala Police Station, Hanumangarh alongwith other constables was on patrolling duty. While patrolling, PW-3 Bishan Sahay saw a motor-cycle rider carrying a bag consisting of white powder on the fuel tank of the TVS motorcycle. On seeing the police, the rider turned his motorcycle in the opposite direction and started fleeing on his motorcycle bearing registration number RJ 31 SP 0531, however, he was caught by the police. The appellant was the rider on the motor-cycle