JUDGMENT :

M.R. Verma, J.

This appeal is directed against the judgment dated 5.1.2004 passed by the learned Sessions Judge, Kangra Dharamshala whereby the appellant/accused (here after referred to as the accused) has been held guilty of the commission of an offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereafter referred to as `the NDPS Act') and has been sentenced to rigorous imprisonment for five years and fine of Rs. 20,000/- and in default of payment of fine to undergo further imprisonment for six months.

2. Case of the prosecution in brief is that on 10.6.2002 JP Singh (PW-1) S.H.O. Dharamshala and other police officials had laid a Naka at village Kaliara. At about 12.30 P.M. the accused came there while driving Scooter No. HP-39A-0431 and jumped `Naka' and fled towards Banoi. PW-1 sent a wireless massage to Mohinder Singh, S.H.O. (PW-12) police Station, Kangra about the fleeing of the accused, as aforesaid. PW-12 at the time of receipt of wireless massage, alongwith A.S.I. Onkar Singh (PW-11), Incharge police post Gaggal and H.C. Kuldip Singh (PW-2), was inspecting the site of plane crash at Gaggal Airport. He, alongwith the police party, pr