JUDGMENT

S.P. Bangarh, J.—The case of the prosecution is that on 17.9.1989, Maha Singh the then Assistant Sub-Inspector of police station City Panipat at about 3.00 p.m. along with other police officials, was present near Adarsh Udyog Factory Panipat situated along side G.T. road, where Ramesh Chand PW met the police party and was joined in the police party. Immediate, thereafter appellant along with a woman was seen coming on foot along side G.T. road from Delhi side carrying a bag Ex. P1 in his right hand, who on seeing the police party changed their directions towards east, that aroused suspicion in the mind of Maha Singh, Assistant Sub Inspector, who apprehended the appellant and Munni Bai and told them that they are to be searched, in case, they so desired, the same could be done in the presence of some Gazetted Officer. Both, the appellant and Munni Bai opted to be searched without the presence of a Gazetted Officer, by Maha Singh, the then ASI (Supra) and the latter searched the appellant, that resulted into a bag Ex. P1 containing 4 Kgs of opium wrapped in a polythene paper. The appellant could not produce any permit, therefor. 200 grams of opium were drawn as a sample from