JUDGMENT :

Sureshwar Thakur, J.

1. The instant appeal is directed against the impugned verdict, as made on 09.08.2004, upon NDPSA File No. 252 of 11.12.2000, by the learned Judge Special Court, Bathinda, wherethrough in respect of a charge drawn against the accused qua an offence punishable under Section 15 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:

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Hence convict Darshan Singh is sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs.1,00,000/- (Rupees one lac) and in default of payment of fine to undergo rigorous imprisonment for six months."

2. The period of detention undergone by the convict, during the investigations, 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 become 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 has 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 FIR, to which Ex. PG/1 is assigned. The narrations carried in Ex.PG/1, are that the police party headed by Inspector Balwinder Singh, Station House Officer, Police Station Rama and accompanied by an independent witness Gurdev Singh has apprehended the accused while sitting on three bags under the shade of 'shatoot' tree. The accused on seeing the police party and in attempt to conceal himself laid himself on the bags but he was apprehended. The Investigating Officer told him that he has doubt that as some contraband is containing in the bags in his conscious possession, vide memo Ex.PF and also apprised the accused of his right of search of the bags in the presence of any Magistrate or Gazetted Officer, vide memo Ex.PF. Then the Investigating Officer has sent message to send a Gazetted Officer. Thereafter DSP Raghbir Singh Chahal (PW1) had reached the spot to witness the recovery proceedings. He himself introduced the accused and apprised the accused of his right of search in the presence of another Gazetted Officer or a Magistrate, the accused vide consent memo Ex.PA reposed confidence upon the DSP and allowed him to search the bag in his conscious possession. Consequently from the search of the bags 30 Kgs poppy husk was recovered from each bag. A sample of 250 Gms was taken out from each bag and converted into three separate parcels. The remaining poppy husk which came to 29 Kg 750 Gms in each bag was allowed to remain in the bags in which it was kept. All the three bags were also converted into three parcels. The bags containing residue poppy husk as well as three samples were sealed by the seal of the Investigating Officer having impression 'BS'. The recovery memo was prepared by the Investigating and was attested by an independent witness Gurdev Singh. ASI Malkiat Singh and DSP Raghbir Singh Chahal. Sample seal was prepared. All the case property and the sample seal were taken into possession vide memo Ex.PB. On search of the accused Rs. 80/- were recovered vide personal search memo Ex.PC. The accused was formally arrested vide memo Ex.PD, Special report was sent to the Circle Officer on 12.9.2000. Rough site plan Ex.PH of the place of recovery was prepared. Ruqa Ex.PG was sent to the police Station through C-II Sohan Singh and on its basis formal FIR Ex. PG/1 was registered against he accused. Entire