T.H.B.Chalapathi, J.

1. This appeal is directed against the conviction and sentence recorded by learned Addl. Sessions Judge, Amritsar in Sessions Case No. 9 of 1990 dated 14.12.1994.

2. The accused-appellant was prosecuted for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for having been in possession of 45 kilograms of opium without any permit. According to the case of the prosecution, on 10.5.1989 when Sub Inspector of Police Shamsher Singh along with police party held picketing on the culvert of a drain of Bikhiwind public road, he received a secret information at about 4.15 p.m. that the accused was in possession of opium. Thereafter, the accused came from the side of Sandhpur. Then he apprehended the accused and arrested him. He asked the accused whether he wanted to be searched by a gazetted police officer or in the presence of a Magistrate but the accused agreed to be searched by the Sub Inspector. The accused was carrying a gunny bag containing 45 kg. of opium wrapped in a glazed paper. Then the Sub Inspector took 10 grams of opium as sample and the remaining opium was sealed. Thereafter, a ruqa was sent to the police stat