JUDGMENT :

RAJIV SHARMA, J.

1. This appeal is instituted against the judgment dated 21.12.2010, rendered by the learned Sessions Judge (Special Judge), Shimla, H.P., in N.D.P.S. Case No. 32-S-7 of 2009, whereby the appellant-accused (hereinafter referred to as the accused) who was charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, was convicted and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. One lac and in default of payment of fine, he was further ordered to undergo simple imprisonment for one year.

2. The case of the prosecution, in a nut shell, is that on 1.11.2009, PW-10 Inspector Ram Kumar, SV & ACB (SIU), Shimla in connection with patrol duty had left for Habban, Sirmour via Theog-Chaila in official vehicle No. HP- 07A-0680. PW-7 Inspector Virender Chauhan, PW-8 HHC Mahinder Singh and PW-9 HC Man Singh, were accompanying PW-10 Inspector Ram Kumar. When PW-7 to PW-10 crossed Village Naina and had been at some distance from Naripul, at about 11:30 AM, one person was noticed coming on foot from opposite direction. That person was carrying one airbag of blue colour on his right shoulder. He