JUDGMENT

Shiv Narayan Dhingra, J.—The present appeal has been preferred against order dated 30th May, 2005 convicting the accused/appellant under Section 8 of NDPS Act punishable under Section 20(b)(ii)(c) of NDPS Act and order dated 2nd June, 2005 sentencing him to undergo imprisonment for period of 10 years and a fine of Rs.1,00,000.

2. As per prosecution’s case, on 17th April, 2003 a police patrolling party at about 6.05 p.m. saw the appellant going near baandh holding a gunny bag in his hand. When the appellant looked at police party he got scared and quickly moved towards village Devali. This raised suspicion in the mind of police party and he was stopped by the police party and his gunny bag was checked. A substance like charas was found in the gunny bag. SI P.C. Yadav who was heading the police party told appellant that his personal search was to be taken and he served a notice under Section 50 NDPS Act (Ex. PW4/A) upon the appellant. The appellant however did not ask for search in presence of a gazetted officer and Magistrate and his personal search was conducted. Nothing incriminating was found from personal search. The substance found in the gunny bag was weighed and foun