Honble MITTAL, J.–This appeal is directed against the judgment of conviction of the appellant Chhagan Lal u/S. 8/18, Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act) by learned Additional Sessions Judge No.1, Chittorgarh vide his judgment dated 31.1.1996 in Sessions Case No. 176/93.

(2). Briefly stated the prosecution case is that the appellant was travelling in a Roadways bus RNP 605 from Pratapgarh on 11.8.1989. The bus arrived at Octroi Post No.2, Chittorgarh at about 10.30 a.m., which was stopped for checking by Shri Parmanand Acharya, Sub-Inspector, Office of Opium Officer, Chittorgarh Division I. The appellant was sitting on Seat No.37 and he was interrogated on suspicion by Inspector Shri Parmanand Acharya. Shri Parmanand Acharya wanted to take search and therefore the appellant was informed his right u/s. 50 of the Act for taking search in the presence of a Magistrate or a Gazetted Officer. He gave his consent for taking search by Shri Parmanand Acharya, Sub-Inspector and he found 90 gms. of opium in the pocket of his `Kurta and 4 Kg. 10 gms contraband opium in a plastic bag wrapped in a quilt. Two samples containing 25 gms. contraband

Click Here to Read the rest of this document