1. This is an appeal by special leave against the order of acquittal dated March 28, 1972, passed by the learned Chief Judicial Magistrate, Ferozepore.

2. On May 21, 1970, Police Inspector Sudarshan Singh, Sub-Inspector Chaman Lal, Assistant Sub-Inspector Pyare Lal, Shri Bhatnagar, Assistant Superintendent of Police (under training) and some other Constables were on patrol duty. When the party reached near the cremation ground beyond Basti Bhatian, the respondent was seen coming from the opposite direction. On seeing the police, he tried to slip away. He was, however, apprehended on suspicion and on his personal search he was found carrying a packet, in a piece of cloth, containing 1300 grams of opium wrapped in glazed paper. A sample of opium was taken out and sealed in a parcel. The remaining opium was also separately sealed into another parcel. Both these parcels were taken into possession vide memo. Exhibit P-A. after the completion of the investigation, the respondent was sent up for trial before the learned Chief Judicial Magistrate, Ferozepore. The prosecution examined Inspector Sudarshan Singh. P.W. 3, Sub-Inspector Chaman Lal P.W. 1 and Assistant Sub-Inspector Pyar