JUDGMENT :

Sureshwar Thakur, J.

The appeal (supra) is directed against the impugned verdict, as made on 03.06.2013, upon Session Case No.65 of 2011, by the learned Special Court, Amritsar, wherethrough in respect of charges drawn against the accused for offences punishable under Sections 21, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), the learned trial Judge concerned, proceeded to record a finding of conviction against the accused-appellant. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, imposed upon, the convict both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner:

2. The period of detention undergone by the convict, during the investigation, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off, from the above imposed sentence(s) of imprisonment.

3. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent therewith sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence have chosen to institute thereagainst the instant criminal appeal.

Factual Background and Investigation proceedings

4. The genesis of the prosecution case, becomes embodied in the appeal complaint, to which Ex.P24 is assigned. The narrations carried in Ex.P24, are that on 19.10.2010, specific intelligence was received at about 1600 hours from a reliable source that a passenger named Jagdip Singh Parmar would be boarding the Air India flight No.AI187 for journey to Toronto on 20.10.2010 from Raja Sansi International Airport, Amritsar and would be carrying narcotic drugs concealed in two attachie cases and the same was reduced into writing and submitted before senior intelligence officer. On 20.10.2010 at about 12.30 a.m. we proceeded to Raja Sansi airport in govt vehicle and then we kept surveillance at Raja Sansi international airport, Amritsar and intercepted Jagdip Singh Parmar at about 5.00 a.m. when he was collecting his documents from the Air India Authorities, Amritsar after handing over his baggage to them who affixed tags on the attachie cases and issued boarding pass No.151. Two independent witnesses Gulshan Kumar and Raju were joined from the departure hall of the airport and in their presence, he was asked to reveal his identity which he revealed as Jagdip Singh Parmar son of Daljit Singh resident of Red Stone 7713, Antario and the DRI Officers revealed their identity to him. Jagdip Singh Parmar was asked whether he was carrying any contraband or narcotic in his person or in his luggage to which he reluctantly admitted that he was carrying narcotic in his luggage. Then, in the presence of above referred witnesses, he identified his luggage and escorted to Customs Office situated in the arrival hall of Raja Sansi international airport along with Jagdip Singh Parmar. Then, DRI officers gave notice under section 50 of NDPS Act and intimated his legal right to be searched before a gazetted officer or a Magistrate and further enquired whether he wanted to be searched before a gazetted officer or a Magistrate and also intimated that Sh. Ramesh Sharma who is also present was a gazetted officer and Senior Intelligence Officer of DRI office and the accused gave his consent in writing in his own hand on the notice under section 50 that his search as well as search of his luggage in the presence of Sh. Ramesh Sharma. During personal search of Jagdip Sing