ORDER

1. This appeal against acquittal filed by the State of Rajasthan arises out of the following facts:

1.1 At about 5:00 p.m. on the 2nd February, 1988 the Station in charge of police station Sangdia received information through an informer that one Tara Singh would be coming near the Jhandewalan Sikhan river, carrying opium. The necessary entries etc. were made in the Police Station register and a raiding party was organised by the Police Officer. As the raiding party reached near Jhandewalan Sikhan at 6:00 p.m. a person carrying a white coloured bag was seen coming from the opposite side and on seeing the police party took a sudden turn and started running away. He was chased and apprehended and on enquiry revealed his name as Tara Singh, the Respondent herein. An offer of a search in terms of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act'), was, accordingly, made to him and he stated that he would like to be searched in the presence of the Station incharge himself. He was, accordingly, searched and the bag that he was carrying was found to contain 8 kg. of opium. Samples of the opium were taken out and sent to the laboratory