Pritam Pal, J.

1. Appellant Hawa Singh has brought this appeal against judgment dated 10.8.2002 and order dated 12.8.2002 passed by the learned Addl. Sessions Judge, Hisar, whereby he was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act), and then sentenced to undergo R.I. for five years with a fine of Rs. 10,000/-. In default of payment of fine, he was further ordered to undergo R.I. for six months.

2. In nut-shell, the facts culminating to the commencement of this appeal may be capitulated thus :-

On 23.3.2001, in the after-noon, Raj Singh ASI (PW-4) along with other police officials, was present in connection with patrol duty near village Chuli Bagrian in the area of Police Station, Adampur. At about 4.30 p.m., the appellant was seen coming from the side of village Chuli Kalan, who, on seeing the police party, sat on the pretext of urinating. At that time, he was carrying a plastic bag on his head. On suspicion, he was apprehended by Raj Singh ASI, who is the Investigating Officer and gave notice Ex. PE for search of his bag to be conducted in the presence of a Gazetted Officer or a Magistrate, but