S.D.BAJAJ, J. - (1.) WHILE on patrol duty from Bus Adda Termala towards village Kandu Khera A.S.I. Darshan Singh P.W. 2 recovered from the Jhola carried by Kheta Singh accused 5 kgs 500 grams of opium. Head Constable Gurmukh Singh and Constable Mukhtiar Singh attested the recovery.
(2.) ON being charged with the commission of offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 accused Kheta Singh pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated 27th February, 1987 learned trial court convicted accused Kheta Singh under Section 18 of the Act and awarded him rigorous imprisonment for a period of 10 years and fined him rupees one lac. In default of payment of fine convicted accused Kheta Singh was ordered to undergo rigorous imprisonment for a further period of three years. Feeling aggrieved from the order of conviction and sentence aforesaid accused Kheta Singh has filed Criminal Appeal No. 487-SB of 1987 in this Court. I have heard Shri A. K. Kanwar, Advocate for the petitioner, Mr. P. S. Kang, Advocate, for the respondent-State and have carefully perused the entire record.
(3.) ADVERTING to the provisions of section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 learned counsel for the appellant contended that in this particular case accused-appellant Kheta Singh was not made aware of the statutory safeguard envisaged therein and asked if he would like himself to be searched by a gazetted officer. This lapse on the part of the investigating agency, according to the learned counsel, vitiates both search and recovery and the accused is entitled to get himself acquitted on this ground alone.;