JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Madras High Court upholding the conviction of the appellant for offence punishable under Section 8 (c) read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the ‘Act’) and sentence of 10 years rigorous imprisonment and a fine of Rs.1,00,000/- as was imposed by learned Special Judge, Salem.

2. Background facts in a nutshell are as follows:

Veerannan (PW-1), Sub Inspector of Police, attached to N.I.B. C.I.D., Salem on 16.12.1999 at about 9.00 A.M. along with Vellingiri (PW-4), Head Constable No.910 and other Police party on secret information were patrolling at Pethanayakkampalaym Bus Stop. They found activities of the appellant/accused, who stood near the bus stop with a yellow colour bag on his right hand, at about 12.00 noon, to be suspicious. P.W.1 after introducing himself, conveyed to him that he is entitled for the conduct of the search before a Gazetted Officer or a Judicial Magistrate. The accused gave consent to be searched by the official himself. Accordingly, P.W.1 searched his bag in the presence of