SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 11.12.2014 passed by the High Court of Punjab and Haryana dismissing Criminal Appeal No. S-318-SB of 2004 preferred by the appellant against his conviction under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') for being in possession of 1 kg of opium without any permit or licence.

(3.) According to the prosecution PW6 SI Satbir Singh was on usual patrol duty on 24.06.2002 along with other police officials at bus stand of village Bichpar, Distt Sonipat. Secret information was received by him that the appellant was selling opium and was roaming in the village in search of customers. This information was reduced to writing in the form of Ruqa Ext. PF and was sent to the Police Station for information, whereupon DDR Ext. PC was recorded. PW6 Satbir and other police officials reached the bus stand and saw the appellant coming from village Gangana side. He was apprehended. The appellant was told that he was suspected to be carrying opium in his possession and as such his personal search had to be undertaken and that he had a right to be searched in the presence of a Gazetted Officer or a Magistrate. The appellant was given an appropriate notice vide Ext. PA under Section 50 of the Act and by his reply Ext. PA/1 he opted to be searched before a Gazetted Officer.