INDERJIT SINGH, J.

The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 16.01.2007, passed by the Judge, Special Court, Amritsar, whereby he was convicted and sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 21 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He was further sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.2 lacs and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 23 of NDPS Act, 1985. Both the sentences were ordered to run concurrently.

The brief facts of the prosecution case are that on 11.06.2003 Inspector Vijay Singh, who was posted as Inspector Central Excise (ICS) Attari road, received information in writing Ex.PA from Narcotic Control Bureau, Chandigarh which bears signatures of K.P.Singh, Intelligence Officer, that one person of Nigerian origin and one person of Kenyan origin were bringing drugs into India by concealing the same in their bags and in their bodies and were entering from Pakistan to India. The information was received at 10.10 A.M. The information was reduced into writing and sent to the senior officer of the Customs Department. On 11.06.2003, accused-appellant Linus Ameka Nweka came from Pakistan to India at land Customs Station Attari road. As the Investigating Officer Vijay Singh was officiating the incoming passenger clearing duty, accused-appellant was asked to declare whether he was carrying any contraband, narcotic, fake currency, explosives and other prohibited items etc. but he replied in negative. As there was specific information, he was again asked to declare whether he was carrying any narcotic drugs and then accused became nervous. Thereafter, two independent witnesses were called namely Surinder Singh and Tarlok Singh. Satnam Singh Superintendent disclosed his identity to the accused that he is a Gazetted Officer of Customs. Then the Investigating Officer intimated the accused of his legal right to have his personal search conducted before Gazetted Officer or Magistrate. Accused opted to have his personal search before the Gazetted Officer. Separate intimation-cum-option memo was prepared which was explained to the accused. The option memo is Ex.PB signed by the witnesses and accused and consent memo is Ex.PB/1 signed by the accused and attested by Surinder Singh and Tarlok Singh. Then the accused was specifically asked whether he has concealed the drugs in his body. After initial hesitation, accused disclosed that he has swallowed as well as inserted drugs in the form of capsules. After taking food and liquid, the accused desired to pass out stool. Then he was made to move in a temporary curtained enclosure and he was provided with empty metallic tray. Then the accused passed-out 11 capsules in the presence of independent witnesses, Investigating Officer, Satnam Singh, Supdt. and K.P.Singh Intelligence Officer and those capsules were examined. A silver colour foil form the outer cover of the capsules. After removing the silver foil and cutting those 11 capsules, 185 grams substance was found, which was made homogeneous and tested with drug testing kit and it was found positive for heroin. Then the accused was offered some bananas and cold drinks and then the accused again expelled 10 similar type of capsules. The contents of these capsules were weighed which came to 175 grams. The contents of both these recoveries were put in a polythene envelop and total weight was 360 grams, which was packed and sealed with seal No.82 Custom Division, Amritsar and kept in safe custody and seal after its use was handed over to competent authority. On the next day, accused again expelled 7 similar type of capsules containing 125 grams heroin and same was a