JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant appeal, appellant has assailed judgment and sentence dated 28.11.2017 passed by learned Special Judge-II (Additional Sessions Judge), Kullu, H.P. in Sessions Trial No. 23 of 2016, whereby appellant has been convicted for commission of 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 ten years and to pay a fine of Rs. 1,00,000/- (One lac) and in default of payment of fine, to further undergo simple imprisonment for one year.

2. The facts on which the case of prosecution rested are that on 28.12.2015, a police party headed by HC Jamal Deen (PW-8) left Police Station, Kullu at about 9.57 P.M. for routine patrol duty in official Vehicle No. HP-33A-9986. (PW-8), HC Jamal Deen was accompanied by HHC Shyam Dass (PW-6) C. Mahesh Kumar (PW-7) and C. Sunil Mahant, driver of the official vehicle. At about 10.45 PM, near place ‘Bhutnath Bridge’ the police party noticed a person coming from footpath side carrying a bag in his hand. On noticing the presence of police party, the said person turned back and tried to run away from the