JUDGMENT :

Rajnesh Oswal, J.

1. The present appeal is arising out of the judgment and order dated 09.05.2019 and 10.05.2019 passed by the Court of learned Principal Sessions Judge, Udhampur (hereinafter to be referred as trial Court) by virtue of which the appellant has been convicted for commission of offence punishable under Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances(NDPS) Act and has been sentenced to undergo rigorous imprisonment for a period of 12 years and has also been ordered to pay a fine of Rs. 1.00 lac and further in default of payment of fine, the appellant has been ordered to undergo further imprisonment for a period of one year.

2. The judgment has been impugned on the following grounds:

a. That no independent witnesses were associated with investigation in order to inspire confidence, despite the fact the place where Naka was laid, was the busy place.

b. That PW Jeewan Singh has stated that Investigating Officer was present and managed the papers for preparing docket.

c. That PW Vinod Sharma has deposed about the presence of Pardeep Kumar Executive Magistrate on spot but the same is not forthcoming from challan as well as from the statement of the