( 1 ) BY this judgment we propose to dispose of Criminal Appeal No. 179 of 1996 and Criminal Reference No. 1 of 1996. Both the appeal and reference arise out of the Sessions Case No. 21 of 1994, State vs. Sant Kumar.

( 2 ) BRIEF facts necessary to dispose of the appeal and the reference are as follows.

( 3 ) ACCORDING to the prosecution Inspector Ram Kishan, incharge of Special Staff, New Delhi Range had a secret information that a gang of criminals hailing from Rajasthan was engaged in illegal trade of supplying opium in Delhi. On 28. 4. 1992 secret information was received that jeep No. RJP-5326 was scheduled to arrive at Upper Ridge Road, Delhi for transportation of opium. The further prosecution story is that Inspector Ram Kishan informed his superiors about this information and requested R K Jha, Assistant Commissioner of Police (ACP) Headquarter, New Delhi District to join the raiding party. One public witness, Rattan Bahadur Chauhan, resident of Darshanpura, Gandhi Nagar was summoned in the office of Special Staff, New Delhi Range at Preet Vihar and was persuaded to join the raiding party by Inspector Ram Kishan. The raiding party consisting of Inspector Ram