(Kuldip Singh, J.) - The accused has filed this appeal against the judgment dated 16.8.2007/21.8.2007 passed by learned Special Judge, Bilaspur in Sessions Trial No. 6 of 2006 convicting the accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the Act’) and sentenced him to undergo rigorous imprisonment for eight years under Section 20 of the Act and to pay fine of Rs. 1,00,000/- in default of payment of fine to suffer further simple imprisonment for two years.

2.The prosecution case in brief is that on the intervening right 12/13.5.2006, PW-11 SI Mool Raj alongwith PW10 HHC Dhani Ram and PW1 HHC Nasib Khan was on general patrol/nakka duty. At about 12.15 a.m. (13.5.2006) when they had laid a nakka on National Highway 21 near the gate of Police Station, Sadar Bilaspur, bus bearing registration No. HP-42-0378 belonging to Himachal Road Transport Corporation (HRTC), Keylong depot was signalled to stop and thereupon the bus stopped. The bus was checked by the nakka party. At the time of checking PW11 SI Mool Raj noticed that a passenger who was sitting on seat No. 14 on seeing the nakka party tried to push his bag under the seat