Abhilasha Kumari, J.—Manmohan Singh appellant (hereinafter referred to as "the accused") has filed this appeal against the judgment and order of conviction and sentence dated 30.7.2003 passed by learned Additional Sessions Judge, Mandi in Sessions Trial No. 31 of 2001 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS" Act). He was sentenced to undergo simple imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- ( rupees one lac) failing which, he was to suffer simple imprisonment for two months.

2. The prosecution case is that on 6.4.2001 PW-12 Ashish Sharma Inspector/SHO, Police Station, Sadar Mandi alongwith PW-7 Sub-Inspector Brijesh Sood, ASI Ram Karan, ASI Raghubir Singh, Head Constable Kesar Singh, Constable Surjay Chand and Constable Jawala Ram was on routine patrol duty in the Seri Bazar Mandi. PW Ashish Sharma Inspector received a secret information at about 6.40 p.m. that Tourist bus bearing registration No. 1-1881 of Savagtam Travel coming from Manali on its way to Delhi, one person sitting on seat No. 31 of the said bus was carrying Charas in his bag. PW-12 the empowered officer reduced the information Ext. P-12