RAMDAYAL BISHNOI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge dated 25.3.1994 delivered in Sessions Case No. 158/93. Brief facts which are necessary to dispose of this appeal are recapitulated as under.

(2.) On 8/03/1990 Inspector Niranjan Singh, SHO Police Station Kotwali at Police Post Red Fort received secret information that one person is scheduled to reach Bhure Shah Mazzar for selling opium. This secret information was recorded vide DD Entry No. 14 by the SHO Niranjan Singh in the Daily Diary of Police Post Red Fort. A raiding party was formed comprising of SI Birjinder Singh, Head Constable Shabuddin, Constable Desh Pal and one public witness Paramjit Singh.

(3.) The accused Ram Dayal who on seeing the police party tried to run away but was apprehended and immediately thereafter the SHO Niranjan Singh told the contents of the secret information to the accused Ram Dayal. SI Sahdev Singh served a notice under Section 50 of the NDPS Act in writing to the accused in which an option was given to the accused that if he wants he could be searched before a Gazetted Officer or a Magistrate. The accused declined both the options. Thereafter his bag was checked. From the 'Tehmad' opium wrapped in polythene paper was recovered. The recovered opium weighed about 8 Kgs. Out of the recovered opium, 250 gms. was taken as sample. The sample opium and the remaining opium were covered with polythene cover and Tehmad was put into different parcel which was sealed with the seal of 'SS' by SI Sahdev Singh. ACP Ashok Chand was summoned at the spot. He verified the facts from the accused Rani Dayal. The two sealed parcels were taken into possession vide recovery memo. Seal 'SS' was thereafter handed over to the public witness Paramjit Singh. The CFSL Form was filled in and the case property was delivered to the SHO who put his own seal 'NS' thereon and placed the case property in his safe custody.