(1.) The present appeal is directed against the judgment of conviction dtd. 23/11/2023 and order of sentence dtd. 2/12/2023 passed by learned Special Judge, Mandi, District Mandi, H.P. (learned Trial Court) vide which the appellant (accused before the learned Trial Court) was convicted of the commission of an offence punishable under Sec. 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') and was sentenced to undergo rigorous imprisonment for five years, pay a fine of ? 50,000/- and in default of payment of fine to undergo further simple imprisonment for six months for the commission of aforesaid offence. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of an offence punishable under Sec. 20(b)(ii)(B) of the NDPS Act. It was asserted that ASI Hem Raj (PW13), HC Jagdish, HC Yashpal, HHC Anant Ram (PW4), HHC Sanjay Kumar (PW14) and Constable Ram Dass (PW3) were present at Saula near link road Saroba at about 02:00 pm on 2/10/2016 for traffic checking. An entry No. 8 (PW-3/A) was recorded regarding their departure. They were checking the vehicles coming from Kullu.
(3.) The learned Trial Court charged the accused with the commission of an offence punishable under Sec. 20 of the NDPS Act, to which he pleaded not guilty and claimed to be tried.
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