R.L. Anand, J. - This is a Criminal Appeal filed by Shri Abdul Khan son of Lal Din and has been directed against the judgment and order dated 5.5.1995 passed by Sessions Judge, Faridkot who convicted the appellant under section 18 of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for a period of one year.

2. The brief facts of the case are that on 18.5.1993, the police party headed by Shri Jagjit Singh, A.S.I. of Police Station Saddar Muktsar, was going for patrolling from village Roorianwali to village Balamgarh. When the party reached near the bridge of the drain in the area of village Roorianwali, the accused Abdul Khan was seen coming from the side of village Balamgarh and on noticing the police party he tried to retreat. He was asked whether he wanted to be searched before a Gazetted Officer or a Magistrate, but the accused reposed confidence in the ASI vide consent memo Ex.P.C. On the search of the bag of the accused, the ASI recovered 10 Kgs. of opium and the accused failed to produce any licence or permit for i