Virender Singh, J.

1. Vide impugned judgment of Special Judge, Roopnagar dated 22/23.4.1999, Des Raj son of Ram Singh stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for short `the Act) and has been sentenced to undergo RI for 10 years and to pay a fine of Rs. 1.00 lac; in default thereof to undergo further RI for two years. Hence this appeal.

2. Since the appellant is in custody, the main appeal was ordered to be heard at an early date.

3. In brief the case of the prosecution is that on 26.4.1998 SI Prem Singh (PW-2) and other police officials were on patrol duty and were going from Police Station towards Naya Nangal. The appellant was seen coming from the side of Mehatpur. On seeing the police party, he tried to move towards the gate of the school, but was apprehended on the basis of the suspicion that he was keeping some contraband material with him. SI Prem Singh then apprised the accused that he had suspicion against him for carrying some intoxicating material and gave him the offer as to whether he wanted to get his search conducted in the presence of some Gazetted Officer or Magistrate. The appellant reposed