JUDGMENT

R. Banumathi, J.

1. Delay condoned. Leave granted.

2. This appeal arises out of the judgment dated 10.12.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 777-SB of 1996, whereby the High Court affirmed the conviction of the Appellant Under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and also the sentence of imprisonment of ten years along with a fine of Rs. 1,00,000/- imposed on the Appellant.

3. Briefly stated case of prosecution is that on 27.07.1994, the police officials during patrolling, when talking with one Manjeet Singh-PW 1 and Gamdur Singh-DW 2, saw the suspicious 'fitter-rehra' (a vehicle) driven by the Appellant. Police intercepted the vehicle and questioned the Appellant about his whereabouts, and found some dubious bags lying in the vehicle. Before searching the bags, police intimated to the Appellant that instead of being searched by police whether he wishes to be searched by a Gazetted Officer or a Magistrate and the Appellant declined to be searched by them and a consent memo (Ext. PA) was drawn. Then, the police in the presence of independent witnesses, i.e. Manjeet