Harbans Lal, J.

1. This appeal is directed against the judgment/order of sentence dated 10.5.1995 rendered by the Court of learned Additional Sessions Judge, Ferozepur, whereby he convicted and sentenced the accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000.00 and in default of the same, to further undergo rigorous imprisonment for three months u/s. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act).

2. As set up by the prosecution, on 21.9.1992 SI Tara Singh, along with other police officials, was going in a Police Canter for patrolling. When the police party reached the Kacha path leading to village Dharam Singh Wala, the accused appeared from the side of village Dharam Singh Wala on the cycle. He fell down from the cycle, he was apprehended. There was a gunny bag on the carrier of his cycle. The above mentioned Sub Inspector asked the accused to tell whether he wanted to be searched in the presence of a Gazetted Police Officer or a Magistrate. He offered to be searched by the Sub Inspector. The consent memo. Ex. PB was prepared which was attested by Iqbal Singh and Shivdev Singh, who were called fr