Sureshwar Thakur, Judge

The instant appeal is directed against the impugned judgment rendered on 21.4.2012, by the learned Special Judge, Chamba Division Chamba, Himachal Pradesh in Sessions trial No. 47 of 2010, whereby, the learned trial Court convicted and sentenced the accused/appellant to undergo rigorous imprisonment for a period of 10 years and to pay a fine in a sum of Rs.1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year for the commission of offence punishable under Section 20 of the NDPS Act.

2. Brief facts of the case are that on 17.10.2010 ASI Amar Nath (PW-10) alongwith other police officials HC Deva Nand (PW-1), Constable Som Prakash (PW-2), Constable Sandeep Kumar (PW-3) and SPO Jamaldeen was on patrolling towards Madhuwad, Nakrod and Dam site. They laid Naka near Pangola Nallah. At about 7.45 p.m.. the accused/appellant was noticed to be coming from village Himgiri with a bag carrying on his shoulder. On seeing the police, he tried to return back. The accused was asked to stop, however he did not stop and came to be nabbed by the police at the spot. On inquiry, he disclosed his name to be Gulam Rasul