JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant appeal, appellant has assailed the judgment dated 02.01.2018 passed by learned Special Judge-II (Additional Sessions Judge), Kullu, H.P. in Sessions Trial No. 31 of 2016, whereby the appellant has been convicted for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS” Act) and has been sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/-. Further, in default of payment of fine, the appellant has also been sentenced to undergo simple imprisonment for one year.

2. Brief facts of the case are that on 27.01.2016 a Police Party from Police Station Kullu headed by ASI Dinesh Kumar along with HHC Tikam Ram and HHC Shyam Dass left the Police Station at about 3.30 a.m. in Government vehicle No. HP-34A-9986 driven by C. Dinesh Kumar and reached “Cheela Mour” on Bhunter-Manikarn Road at about 4.20 a.m. The purpose was to lay a “NAKA” for general checking of traffic as well as persons. Immediately after having laid “NAKA” the police party noticed a person approaching them on foot from the side of place known as Jari. He was carrying a bag in his hand. On seeing