RAM KUMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals pertain to the same incident and involve identical questions of fact and law, based on identical evidence. Hence, they have been heard together with consent of all concerned and are being disposed of by a common judgment.

(2.) IN nut shell the prosecution story is that on 6. 8. 1992 Shri Virendra Jakhar, S. H. O. P. S. Bhirahi, Shri Tara Chand, S. H. O. , P. S. , Bhadra and Shri Atar Singh, S. H. O. , P. S. , Nohar were proceeding along with members of the staff on the road connecting village Daidas to Lal Khan's Dhani. They spotted two persons, namely, Ram Kumar Singh and Mahesh. The Police Officers suspected that the two persons were carrying opium with them. Hence, the aforesaid police officers accosted both these persons. Atar Singh informed these persons that if they so wanted, they could be searched in presence of a Magistrate or a Gazetted Officer. Both these persons, namely, Ram Kumar Singh and Mahesh consented to searches being made by Atar Singh. Upon this Atar Singh summoned two independent witnesses, namely, Sher Mohd. and Chanan Mal from a nearby place. Thereafter searches of the two persons were made by Atar Singh in presence of aforesaid police officers and Sher Mohd. and Chanan Mal.

(3.) RAM Kumar Singh has filed SB. Criminal Appeal No. 181/1993 and Mahesh Kumar has filed S. B. Criminal Appeal No. 182/1993.