( 1 ) BOTH the aforesaid dicta of the Constitution Bench, in State of Punjab Vs. Baldev Singh - (1999) 6 Supreme Court Cases 172, have to be kept present before the eyes, not only by the Courts, but by the Investigating Agencies too. They have also been read before us in this Appeal, arising from the Judgment and Order dated 3/07/1995, rendered by the learned Sessions Judge, Surat, in Sessions Case No. 121 of 1994. The appellant herein, being the accused in the Sessions Case, came to be charged and tried for being found in possession of 1800 Grams of charas, without permit, on the platform portion of a shop in the name and style of Anisha Auto Parts in Nanwala Complex, Hoti Bungalow area, Surat.

( 2 ) IT was the prosecution case, before the learned Sessions Judge, that on 1 5/03/1994 during the evening time, Police Inspector of Chowk Bazaar police station, Mr. Mohammedsadiq Suleman Khara was nearby Variavi Market Police Chowky when he received the information that one person wearing a shirt with cream colour design and a pant with black checks was sitting at the aforesaid place with charas and was waiting for some one. This resulted in calling two panch witnesses, e