JUDGMENT :

By way of instant appeal, appellant has assailed his conviction and sentence recorded by the learned Special Judge-II, Kinnaur at Rampur Bushahr, H.P., vide judgment dated 06.06.2016 in Sessions Trial No. 28-R/3 of 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 of six months.

2. The case as set up by the prosecution was that a police party of Police Station Kumarsain, District Shimla, H.P. including SI/SHO Virochan Negi, HC Rakesh Kumar, ASI Krishan Lal and Constable Mool Chand, while on patrol had laid a "Nakka" on the "Kirti road".At about 10:15 P.M. appellant approached the spot of "Nakka" from Kirti side. PW-10, SI/SHO Virochan Negi stopped the appellant, who was carrying a red colour bag in his left hand. On suspicion, the bag carried by the appellant was checked. The red colour bag contained another bag of dark brown colour and inside such bag black coloured