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1999 Supreme(P&H) 1214

K.S.KUMARAN
Harjinder Singh @ Raju – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.P.S. Dhillon, Advocate.
For the Respondent: Mr. P.S. Sullar, A.A.G., Punjab.

JUDGMENT

K.S. Kumaran, J. - F.I.R. No. 57 dated 13.5.1999 under Sections 18, 61 and 85 of the N.D.P.S. Act has been registered against the petitioner at Police Station, Khalra. The allegation against the petitioner is that he was having 500 grams of opium in a cotton cloth tied around his waist. According to the Investigating Agency, the S.I./S.H.O. of the above said police station along with Constables Paramjit Singh, Kartar Singh and others was going on patrol duty and at that time they found the petitioner coming. It is also alleged that petitioner was informed that they had suspicion that he was having opium or some other intoxicating substance and an offer was made that the petitioner could be searched by the S.H.O. or in the presence of some Gazetted Officer or a Magistrate. According to the Investigating Agency, on petitioners unwillingness to be searched by the S.H.O., D.S.P., Bhikhiwind was asked to come, who also made an offer that the petitioner could be searched before him or before a Magistrate. It is further alleged that the petitioner-accused reposed confidence in the D.S.P. and therefore, the search was conducted and it was found that he had in his possession 500 gra











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