JUDGMENT :

Mr. Satyen Vaidya, J.

Appellant, is in appeal against the judgment dated 09.10.2017, passed by learned Special Judge-II, Kullu, H.P. in Sessions Trial No. 18/2016, whereby the appellant has been convicted for commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ‘ND&PS’ Act) and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to undergo further simple imprisonment for one year.

2. The facts, on which prosecution based its case are as under:

(i) On 22.01.2016, a police party lead by PW-11 ASI Swarn Singh, PW-10 HC Sheesh Ram, PW-9 HHC Man Chand and HHG Saran pat was on routine patrol duty.

(ii) At about 9:00 PM, at place known as Zero-point Dhaugi, appellant was noticed by police party, who got perplexed and was seen throwing a bag out of his pocket.

(iii) Appellant was apprehended. Police party entertained suspicion. Despite efforts no independent witness could be found. PW-9 HHC Man Chand and PW-10 HHC Sheesh Ram were associated as witnesses. The bag thrown by appellant was checked and charas weighing 1 kg 600 grams was found