STATE OF HARYANA Vs. KAKA SINGH

JUDGEMENT

(1.) Instant appeal has been filed by the State of Haryana against the order of acquittal passed by the Special Judge, Ambala dated 27.4.2001 in case FIR No.303 dated 20.10.2000, registered at Police Station Sadar, Ambala under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the Act).

(2.) Brief facts of the case are that on 20.10.2000, ASI Hari Ram CIA Staff, Ambala received a secret information that accused-respondent Kaka Singh is in the habit of selling opium at his residence, if raid is conducted, heavy quantity of contraband can be recovered. The Investigating Officer reduced the information into writing and sent to the SP, Ambala. Thereafter, raiding party was appointed and Naib Tehsildar acting as Executive Magistrate joined in the raiding party from his office.

(3.) Thereafter, the party reached the house of the accused where he was found present. The Investigating Officer served a notice under Section 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the Act) upon the accused expressing his suspicion that opium in heavy quantity is lying in his house and after seeking his consent, conducted house search in the presence of Ashwani Kumar Naib Tehsildar. The accused consented to be searched, consent memo Ex.PA was reduced into writing. Both the documents were thumb marked by the accused and attested by the witnesses.