Harbans Lal, J.

1. This appeal is directed against the judgment/order of sentence dated 25.10.2005 passed by the Court of learned Judge, Special Court, Muktsar whereby he convicted and sentenced Lachhman Dass accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) or in default of payment of fine to further undergo rigorous imprisonment for one year.

2. The facts in brief are that on 27.10.1997, Sub Inspector Ranjodh Singh amongst other police officials was going in official Gypsy No. PB-08-2218 from the side of Village Gurusarto Village Sham Khera via katcha path. When the police party neared the canal minor bridge, the accused was spotted approaching from the side of Village Sham Khera carrying a gunny bag on his head. On catching sight of the police party, he turned towards the fields on his left hand side. On suspicion, he was intercepted. Sub Inspector told the accused that the gunny bag was suspected to contain some contraband. He asked him to tell as to whether he wants to have search before a Gazetted Officer or a Magistrate. The accused