JUDGMENT

Pankaj Jain, J. (Oral) - The appellant has been convicted for offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') in case FIR No.124 dated 20th of June, 2003, registered at Police Station Sadar, Pathankot. He has been sentenced to undergo Rigorous Imprisonment for 2 years and to pay fine of Rs.2500/-. In default of payment of fine he is to undergo further Rigorous Imprisonment for 2 months.

2. As per the prosecution, truck bearing registration No.PB-04-B-9884 driven by the appellant was intercepted at Naka. On checking of the truck it was found that one bag of white colour was lying behind the driver's seat. In terms of Section 50 of the NDPS Act, appellant was offered to exercise his option to get the search conducted in presence of Investigating Officer or the Gazetted Officer or the Magistrate. Appellant opted to get the search conducted in the presence of Gazetted Officer. Memo Exhibit PC was prepared. Deputy Superintendent of Police, a Gazetted Officer was called. Gazetted Officer disclosed his identity to the accused and again gave accused offer to get the search conducted in his presence or in the p