Ms. Kamlesh Sharma, J.—The appellant in this appeal is aggrieved by the judgment dated 1.5.1998/4.5.1998 passed by Sessions Judge (exercising the powers of Judge Special Court), Kangra at Dharmashala whereby he was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac, in default of payment of fine the appellant is to further undergo rigorous imprisonment for a period of six months.

2. Brief facts of the prosecution case are that on 14.11.1997 the patrolling party headed by A.S.I. Baldev Ram PW-7 in the company of Nirmal Singh PW-2 the then Municipal Counsellor of Municipal Council, Dharamahala, were proceeding towards Bhagsunag. When they reached near rain shelter, they found the appellant trying to conceal himself behind the rain shelter, which raised suspicion and A.S.I. Baldev Ram decided to search the appellant. After giving his personal search A.S.I. Baldev Ram in the presence of Nirmal Singh PW-2 and one Rajiv Kumar searched the appellant and found a material like Charas in the form of Batties concealed