A. PASAYAT, J.

( 1 ) ON the accusation of having committed an offence punishable under Section 20 (b) (i) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) appellant (hereinafter referred to as accused) faced trial. He was found guilty, convicted and sentenced to undergo rigorous imprisonment for two years in addition to pay a fine of Rs. 2000/- with default sentence of rigorous imprisonment for two months.

( 2 ) ACCUSATION which led to the trial of accused essentially are as follows: On 18-11-1991 at about 7 a. m. when the S. I. of Excise, E. I. and E. B. , Berhampur (P. W. 3) was performing patrol duty with A. S. I. of Excise (P. W. 1) and other members of staff at village Charumaria on the Canal road, he found accused coming towards the bus stand holding a gunny bag over his head. On suspicion that it contained contraband articles same was opened. It was found that accused was carrying Ganja. P. W. 3 enquired from him as to whether he wanted to be searched in presence of a Gazetted Officer or the nearest Magistrate. Accused expressed his desire to be searched by P. W. 3, who is also an empowered officer under Sections 42 and 53 of the Act. On weighmen