JUDGMENT :

The appellant, hereinafter to be referred as ‘the accused’ was convicted and sentenced under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short ‘the Act’ for holding 1 KG ‘charas’. Vide impugned judgment, the accused was sentenced to undergo rigorous imprisonment for a period of nine years and to pay fine of rupees 20,000/-. In default of payment of fine, accused shall also undergo simple imprisonment for a period of six months, hence the present appeal preferred by the accused/convict.

2. Brief facts necessary for adjudication of the appeal are that Head Constable Roop Singh PW-8, Investigating Officer, Police Post Banikhet alongwith Constable Sanjay Kumar PW-2 and some other police officials were on Nakabandi and traffic checking duty at Kheri Bridge, Banikhet. At about 9 pm, when the police party consisting of HC Roop Singh PW-8, Constable Sanjay Kumar PW-2 HHC Mazi Mohammad, Constable Ram Prakash, Excise and Taxation Inspector Naresh Chand PW-1 and one Purshottam were present on the bridge, the accused came walking from the side of Kheri side carrying back on his right shoulder. On seeing the policy party he got scared and had tried to run