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TMI Blog2016 (4) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Officer who deposited the same with Malkhana. In due course of time the FSL report Ext. PD was received wherein it was opined that the sample in question was opium. After completion of investigation the appellant was charge-sheeted and tried for having committed the offence punishable under Section 18 of the Act. 6. The prosecution in support of its case examined six witnesses. PW1 ASI Bishamber Lal stated as under:- "As contraband article was suspected with the accused so he was served with a notice Ext. PA to opt about his search before a Gazetted Officer or a Magistrate, which is bearing my signatures. Accused opted for his search before a Gazetted officer vide endorsement Ex. PA/1 which is bearing my signatures." PW2 Head Consta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e punishable under Section 18 of the Act and by his judgment and order dated 14.11.2004 sentenced him to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 10000/-, in default whereof to undergo further rigorous imprisonment for a period of 8 months. 8. The judgment of conviction and sentence was challenged by way of Criminal Appeal of S-318 -SB of 2004 in the High Court. After considering the entire material on record, the High Court by its judgment under appeal affirmed the view taken by the Trial Court and dismissed the appeal. The correctness of the view taken by the High Court is under challenge in the present appeal. 9. It was submitted by Mr. Rakesh Dahiya, learned advocate appearing for the appellant that the investi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other disturbing feature in this case. PW3, Siri Chand, head Constable arrested the accused and on search being conducted by him a pistol and the cartridges were recovered from the accused. It was on his complaint a formal first information report was lodged and the case was initiated. He being complainant should not have proceeded with the investigation of the case. But it appears to us that he was not only the complainant in the case but he carried on with the investigation and examined witnesses under Section 161 Cr.P.C. Such practice, to say the least, should not be resorted to so that there may not be any occasion to suspect fair and impartial investigation." 11. In Megha Singh, the search was not conducted in the presence of a Gazet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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