1. This appeal is directed against the judgment/order dated January 6, 1996, passed by the Additional Sessions Judge, Amritsar, whereby the appellant has been convicted for an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/-, or in default of payment of fine to further undergo rigorous imprisonment for six months.

2. The facts necessary for the disposal of this appeal are that on July 23, 1994. S. I. Nirmal Singh (PW-2) along with DSP Ravi Bhushan (PW-5), SI/SHO Surinder Singh (PW-3) and other police officials held Nakabandi near railway crossing Mann in the area of Ghariala. Shri Shabeg Singh, President Co-operative Society, Ghariala, was joined in the party. At about 10.30 a.m. the appellant was spotted while coming on the road Baba Sher Singh. On a suspicion, he was detained. S. I. Nirmal Singh (PW2) informed the appellant that the former had a doubt that the appellant had opium with him and if he (appellant) so wanted, he could be searched either before a Magistrate or a DSP who was present there. The ap