DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution story is that on 22.3.1995 at 2 p.m., the appellant was stopped in the area of Village Dariyapur by Inspector Murari Lal. Inspector Murari Lal was accompanied by H.C. Dharam Pal and other police officials. Notice Ex. PD was served on the accused-appellant as to whether he wanted to be searched by a Gazetted Officer or a Magistrate. The accused vide his reply Ex. PD/1, declined the offer and stated that he had faith in the Inspector. The accused was searched and 800 grams of opium was recovered from him. The opium was taken into custody vide recovery memo Ex. PC. The ruqa Ex. PF was sent to the police station and formal F.I.R. Ex. PF/1 was recorded at Fatehabad.

(2.) THE prosecution in order to prove its case, brought into witness-box PW-1 D.S.P. Mange Ram, PW-2 Constable Naib Singh, PW-3 H.C. Dharam Pal, PW-4 Inspector Murari Lal and PW-5 H.C. Mukesh Chand.

(3.) LEARNED counsel for the appellant has stated that no independent witness was joined. The accused was arrested at "T" Point where a lot of people must have passed, during the search of the accused.