JUDGMENT :

Ravindra Maithani, J.

1. The present appeal is preferred against the judgment and order dated 30.01.2020, passed in Special Sessions Trial No. 37 of 2017, State Vs. Sahib @ Manpreet @ Jasmati by the Court of Special Judge (NDPS Act)/2nd Additional Sessions Judge, Nainital. By the impugned judgment and order, appellant has been convicted under section 8 read with 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of three years and six months and a fine of Rs. 10,000/-. In default of payment of fine, to undergo rigorous imprisonment for a further period of six months.

2. Facts necessary to resolve the controversy, briefly stated are as hereunder:-

On 24.12.2016, a Police party left Police Station Banphoolpura, district Nainital at 07:15 AM for service of non-bailable warrants and patrolling. This Police Party also comprised of PW1 S.I. Kishore Chandra Pant and PW2 Constable Ravi Sharma. During the course of patrolling, the Police Party received an information that some persons on a motorcycle were approaching towards Railway Station and they were carrying Charas with them. Relying on th