P.K.Jain, J.

1. This appeal is directed against the judgment/order dated 22.2.1995/23.2.1995 passed by the Additional Sessions Judge (II) Bhiwani whereby appellant has been convicted under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 Lac and in default of payment of fine to undergo further rigorous imprisonment for one year.

2. The necessary facts for the disposal of this appeal are that on 4.1.1994, Assistant Sub Inspector Baljit Singh alongwith his police companions was on patrolling duty and present on kacha path near Pipli road railway crossing Loharu. The appellant was sighted while coming from the side of Pipli having one white plastic bag on his head and an attache case in his right hand. On seeing the police party he tried to turn back to whisk away. On suspicion the appellant was detained. Assistant Sub Inspector Baljit Singh expressed his doubt that the appellant might be in possession of some prohibited narcotic drugs and gave a notice in writing Ex. PD to him to the effect that if he so desired he could be searche