( 1 ) THE facts giving rise to this appeal are that on receipt of a secret information in the Crime Branch Office of Delhi Police on 1. 5. 1987, S L , Hari Singh organised a raiding parly consisting of ASI Jasbir Singh, ASI Ram Partap. HC Kamal Singh, HC Jamaludin, Constables Dbaramvir, Balbir Singh, Same Singh, Devi Bharan, Dalip Kumar, Prem Chand, Addesh Kumari under the supervision of Inspector Omvir Singh at about 5 a. m. No person from the public was included in the raiding party, as nobody showed his inclination to join the same despite request made by the police officers. Nakabandi was made at T-point at Lodhi Road and Dargah Nizamuddin road at about 7 am on the pointing out of the informer, the appeilant Ashraf along with another person Nasiruddin were apprehended. Both of them were having one thela (bag) each in their hands. They were given an offer whether they wou!d like to be searched before a gazetted officer or a magistrate but they refused. From the search of the bag which the appellant Ashraf was holding in his hand, opium was recovered which on Weightment was found to be 3 kgs. 50 grams was taken out as sample. The sample as well as the remaining opiu