JUDGMENT :

The instant appeal has been preferred by the appellant/accused/convict (hereinafter referred to as “the accused”) laying challenge to judgment dated 03.03.2017, rendered by learned Special Judge-II, Chamba, District Chamba, H.P, in NDPS Act Sessions Trial Computer Registered No. 4/2014), whereby the accused was convicted.

2. Tersely, the facts of the case, leaving the fiddling details, are summarized as under:-

On 23.11.2013, a police team had laid a nakka for traffic checking at Bonkhari Mod. For checking, police stopped HRTC bus, having registration No. HP 73 1394, and when ASI Madan Lal, during checking, reached near seat No. 16, the person sitting on seat No. 16 turned perplexed and hesitated in getting his luggage checked. The police had suspicion that the passenger sitting on seat No. 16 might be carrying some contraband, so Driver, Conductor of the bus and passenger sitting on seat No. 15 were associated as independent witnesses. In presence of the independent witnesses, the aforesaid person disclosed his name as Uttam Chand (accused herein). The accused opted to be searched by the police officials, so before taking personal as well as search of the bag of the accuse