ORDER :

1. This appeal is directed against the final judgment and order dated 02/08.09.2016 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No. 347 of 2012 whereby the Division Bench of the High Court allowed the appeal of the respondent-State and set aside the judgment of acquittal passed by the Special Judge, Kinnaur, Sessions Division at Rampur Bushahr in NDPS Case No. 3 of 2011 and convicted the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short the "NDPS Act") and sentenced him to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs. 2,00,000/- with default stipulation.

2. Brief facts:

(a) On 27.11.2010, the Complainant-SHO Gurbachan Singh, (PW-6) along with ASI Rattan Chand, HC Tain Singh, and Constable Umesh Kumar, were on patrolling duty, allegedly at about 5.00 a.m. when they were present at Patarna bridge, where they had gone in government vehicle, a person was seen coming from Patarna side carrying rucksack on his back.

(b) On seeing the police party, he tried to run away. He was chased and apprehended. He disclosed his name as Krishan Chand and his bag was searched and found to