A. S. Garg, J.

1. On 13.1.1994, a police party headed by SI Badri Parshad consisting of ASI Balwan Singh and other members of the Police Force held a nakabandi near canal bridge in the area of Police Station, Ratia. on 13.1.1994. Around 3.00 A. M. , they allegedly noticed a Four wheeler bearing No. HR-16-7316 being driven by Ranbir Singh accused and by the side of drivers seat Jai Singh was sitting. On seeing the police party Jai Singh escaped from the scene leaving the driver behind. The police party captured 10 bags each containing 40 Kgs. of poppy husk.100 gins, was taken out as sample from each bag. The police had asked the driver if he wanted to be searched before a Gazetted Officer. The search was vouchsafed by DSP Mange Rain. The recovery memo Ex. PB was prepared. The seal was put on the sample. The Investigating Officer sent ruqa Ex. PE to the Police Station for registration of a case and on its basis formal FIR Ex. PE/1 was recorded. The sample and the remaining poppy husk were deposited with the MHC. While the police was holding the nakabandi they were allegedly having a private jeep being driven by Vakil Chand. Vide report Ex. PK, the Chemical Examiner opined tha