Judgment

K. G. BALAKRISHNAN, J.

( 1 ) THIS appeal is preferred by the State of Haryana challenging the judgment and order passed by the learned single Judge of the High Court of Punjab and Haryana reversing conviction of the respondent, Vidhya Dhar, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The respondent was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000. 00 and in default thereof to undergo rigorous imprisonment for a period of one year. The facts of the case, in brief, are thus.

ON 4-12-1992, Sub-Inspector Ram Chander, along with some police personnel was proceeding in a vehicle towards village Sangwan. When they reached the bus stand, they saw the respondent coming from the village side to the bus station. On seeing the police party, the respondent tried to escape. This aroused suspicion in the mind of Sub-Inspector Ram Chander. The police party intercepted the respondent and tried to conduct a search on his person. The respondent was told that if he desired, the search could be effected in the presence of a Gazetted Officer or a Magistrate. The respondent, however, declined to have the s