Hemant Gupta, J.

1. The present appeal by the State has been directed against the judgment dated 14.10.2000 passed by the Special Judge, Hoshiarpur convicting the appellants herein for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The brief facts out of which present appeal arises are that on 10.08.1997, Nirmal Singh SI/SHO of Police Station, Mahilpur was on patrol duty at Chowk Dandian. At about 6.15 am truck bearing No. HP-25-0769 came and it was stopped by the police party. Two youths came out of the truck and ran away towards Sarkandas standing in the area. Constable Raj Kumar was able to identify them as Teeta and Billa sons of Meet caste Sainsi, residents of Lakhanpur. The remaining six persons were found in the truck. The driver of the truck disclosed his name as Harbans Singh alias Lovely and remaining 5 persons disclosed their names as Sarabjit Singh, Jeeta, Rana, Pala Singh and Sokha. Inspector Nirmal Singh asked these persons as to whether they wanted their search to be effected in the presence of a Gazetted Officer or a Magistrate but they did not want themselves to be searched in the presence of a Magistr