JUDGMENT

Santosh Hegde, J.-Being aggrieved by the judgment of the High Court of Punjab & Haryana at Chandigarh passed in Criminal Appeal No. 442-SB/1988, the State of Haryana is in appeal before us. The respondent herein was charged with an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act ), and was tried for the same by the Additional Sessions Judge, Ambala, who found him guilty of the said offence and sentenced him to undergo R.I. for 10 years and to pay a fine of Rs. 1 lakh. It was further directed that in default of payment of fine, he shall undergo further R.I. for 5 years.

2. It was the prosecution case that on 24.1.1987 the respondent, when apprehended and searched, was found carrying 15 kg. of opium. The prosecution case further stated that as required under Section 50 of the Act, the respondent was duly informed of his right of being searched before a Gazetted Officer or a Magistrate but he declined that offer, and based on the Panchnama of search and the evidence of the three witnesses, he was found guilty by the learned Additional Sessions Judge and sentenced, as stated above.

3. In appeal, the High Court