JUDGMENT :

Rajiv Sharma, J.

1. This appeal is instituted against the judgment dated 28.4.2011 rendered by the Special Judge-II, Solan in Sessions Trial No. 4-S/7 of 2010, whereby the appellant-accused (hereinafter referred to as the ?accused? for convenience sake), who was charged with and tried for offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, he was further ordered to undergo imprisonment for a period of six months. Hence, the present appeal.

2. Case of the prosecution, in a nutshell, is that on 24.11.2009 police party was on Nakka duty at place near Deli. Accused was noticed coming on foot from the side of Timber Trail Resort at 3.15 A.M. on 25.11.2009. Accused tried to escape. He was apprehended. He was taken to a place where Nakka was laid. Accused had concealed bag under his left arm pit. Police had suspicion of some incriminating substance, hence, accused was apprised about his right to be searched before Magistrate or Gazetted Officer vide memo Ex.PW-1/A. Accused consen