Appellant, by way of present appeal, is assailing the judgment and order dated 12-2-2009 passed by Special Sessions Judge, Champawat in Special Sessions Trial No. 2 of 2007 whereby appellant was found guilty for the offence punishable under Section 8/20 of the NDPS Act and was sentenced to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs. 50,000/- and in default of making payment of fine, to undergo additional imprisonment for one year under Section 20 of the NDPS Act.

2. Brief facts of the present case, inter alia, are that P.W. 1 Sub-Inspector Neeraj Kumar lodged an FIR with police station Banbasa, District Champawat on 9-11-2006 stating therein that on 9-11-2006, he along with Constable Arvind Kumar, Constable Mahendra Giri, Constable Ganesh Singh left the police station at about 5.40 p.m. vide report No. 22 for patrolling duty; when police party reached near Faagpur on Khatima Tanakpur Road, they found one person standing on the road side; having seen the police party that person started behaving abnormally and started rushing towards Faagpur; on suspicion, police party asked him to stop, however, instead of, stopping, he started running; polic