JUDGMENT

Dr. ARIJIT PASAYAT, J. —

1.Challenge in this appeal is to the judgment of a learned Single Judge of Delhi High Court directing acquittal of the respondent (hereinafter referred to as the ‘Accused’). Learned Session Judge, Delhi in Sessions Case No.698 of 1991 found the accused guilty of the offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act,1995 (in short the ‘Act’) and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs.1,00,000/- with default stipulation.

2.Background facts in a nutshell are as follows:

“On 20th February, 1990 Pran Nath, Sub Inspector of Special staff, north District, was on patrolling duty along with Ramesh Kumar, Assistant Sub-Inspector, Puran Chand, Head Constable; Raghbir Singh, Head Constable; Ved Parkash Head Constable and other constables. At about 7 a.m., near the petrol pump at Mall Road situated within the bounds of Police Station, Timarpur, a police Informer gave information to Pran Nath, Sub Inspector of the accused’s possession of opium. Consequently, a raiding party was organized. Jeet Lal, public witness was also joined in the raiding party besides the above mentioned cops. The