Satish Kumar Mittal, J.

1. This appeal is directed against the judgment and order dated 14.3.1992, passed by Additional Sessions Judge, Bathinda, vide which the appellant Baldev Singh has been convicted under Section 15 of the Narcotic Drugs & 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. one lac.

2. As per the prosecution version, during the intervening night of 5/6.8.1990, when SI Balbir Singh along with other police officials was going for patrolling in the Govt. jeep No. PJB-3379 from Police Station City Mansa to the illaqa of City Mansa, one Piara Singh was associated. When the police party reached in the area of Mansa Khurd, the appellant and one Ghukar Singh (who died during the trial) were found sitting on two bags in a plot. On seeing the police party, they became perplexed and tried to slip away. On the basis of suspicion, they were apprehended. Option of search before some gazetted officer or the Magistrate was given to them, but they reposed confidence in the Investigating Officer. Thereafter, on search of the bags, poppy husk was recovered. From their