Judgment

1. This appeal by way of special leave arises out Of the following facts:

1.1 On the 28th of April, 2004 Sub-Inspector Jaspal Singh P.W.3, alongwith other police officers was on patrol duty in the area of village Kot Mohammad Khan on the Kutcha path leading from village Lohgarh when they noticed the appellant sitting on the roadside of the canal minor on three gunny bags. A scooter was parked nearby. The appellant was apprehended on suspicion and after Sub Inspector Jaspal Singh had disclosed his identity he inquired from the appellant as to whether he would like to be searched in the presence of a Magistrate or a Gazetted Officer. The appellant stated that he would be satisfied if the search was conducted by a Gazetted Officer on which P.W. 5, Bhulla singh Deputy Superintendent of Police, Moga, was summoned to the spot. The gunny bags were thereafter searched and each of the bags was found to contain 34.750 kgs of poppy straw. A sample was drawn from each of the bags and the samples and bags were sealed. The seized articles and other related material was deposited in the Malkhana at 1:00p.m. the same day.

1.2 On the completion of the investigation, the appellant was broug