A.S.Garg, J.

1. The respondent/accused Ram Chand was stopped by Shri Gurdev Singh ASI (PW-1) within the area of Police Station Abohar on 19.12.1985, while heading the police party comprising of HC Gurmit Singh (PW-2) and other police officials. On suspicion, the person of the accused was searched and he was found to be carrying a bag (Jhola), which contained two kilograms of opium. 10 gms of opium was separated as sample. The sample and the remaining opium were sealed separately with the seal GS and taken into possession vide recovery memo. Exhibit PW1/A. Formal FIR Exhibit PW2/B was registered. Vide reported of the Chemical Examiner Exhibit PW, the contents of the sample were opined to be that of opium.

2. The respondent was put to trial under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short to be referred as "the Act"). When examined in terms of Section 313 of the Code of Criminal Procedure, he claimed that he was innocent and was falsely implicated. The learned Additional Sessions Judge observed that the provisions contained in Section 50 of the Act were not complied with, as also the evidence produced by the prosecution was not satisfacti