This appeal preferred u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 30th May 1988 passed by the Addl. Sessions Judge, Nainital in Sessions Trial no. 266 of 1987 State vs. Nandan Singh,whereby the learned/Addl. Sessions Judge convicted the appellant/accused under Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to in brief as the Act) and awarded sentence to undergo rigorous imprisonment for a period of 10 years' and also with a fine of Rs. One Lac. It was also directed that in default of payment of fine he shall further undergo rigorous imprisonment for 2 years'.

2. In brief, the prosecution case is this that on 10.09.1986 when the S.S.I. P.C. Pant alongwith the S.I. K.S. Hayanki and Constable Suresh Pal and Constable Nanhe Babu was busy in checking of the vehicles at Barapathar, Nainital, in the meanwhile, at 01 :05 p.m. a person was coming towards Mangoli and was going towards Nainital carrying one red bag on his shoulder. On seeing the police personnel the person started to move quickly towards the Himalayan Pravesh Dwar. The police