1. This appeal has been directed against the conviction and sentence awarded by the learned Additional Sessions Judge, Bhiwani convicting the appellant under S. 15 of the Narcotic Drugs and Psychotropic Substances Act (for short the Act) in FIR No. 61 dated 24-1-1997 registered at Police Station GRP, Rewari.

2. The prosecution story in brief is that on 24-1-1997 P.W. 5 ASI Sumer Singh along with P.W. 4 HC Bahadur Singh, Constable Jai Karan and Constable Chandgi Ram was present at Railway Station Loharu Platform No. 3 for checking of train. At 18.15 hours, Train No. 205-Up came from the side of Jaipur and halted at Loharu Railway Station. Accused-Mohmed Salim after alighting from the train was going towards main gate having a gunny bag on his shoulder. He was apprehended in the presence of Deep Chand independent witness on the basis of suspicion. Since Sumer Singh ASI suspected some narcotic substance in the possession of the accused, he was served with a notice Ex.PO and was given option to give his search in the presence of Gazetted Officer or a Magistrate. Said notice Ex. PD was signed by the accused and attested by Deep Chand independent witness and HC Bahadur Singh. Vid