Kanwaljit Singh Ahluwalia, J. - (1.) THIS criminal appeal has been preferred by Manjit Singh alias Raju, son of Labh Singh, resident of Village Rampur, near Nangal Dam, District Ropar.
(2.) THE appellant/accused has been named in the FIR No. 101 dated 28.8.1999 registered at Police Station Mahalpur, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act'). Briefly stated in the FIR that Navjot Singh, Inspector/Station Criminal Appeal No. 123 -SB of 2001 2 House Officer, Police Station Mahalpur along with his companion police officials was present at 'T' point Chat Nariala in a Government vehicle for nakabandi and was checking suspected persons. Then at about 7.00 P.M. one person on a scooter came from the side of Village Jaijon towards Mahalpur. On seeing the police party, he became perplexed and after throwing his scooter he attempted to run. Inspector Navjot Singh with the aid of companion police officials apprehended him. On asking his name and particulars, he mentioned his name as Manjit Singh alias Raju son of Lab Singh, resident of village Rampur near Nangal Dam, District Ropar. It was suspected that some narcotic drug was there in his scooter. Therefore, he gave him an offer to get himself and his scooter searched from a Gazetted Officer or a Magistrate. The appellant stated that he intended to be searched in the presence of a Gazetted Officer. His statement was recorded. A message was sent to the Deputy Superintendent of Police, Garhshankar on his wireless set. It is stated that in the presence of Deputy Superintendent of Police, 1 kgm. of opium was recovered.
(3.) THE above said recovery was effected on 28.8.1999 at 9.05 P.M. in the revenue state of village Chak Nariala. The above said FIR was investigated and thereafter, challan was submitted. The appellant was charged by the Court of learned Special Judge, Hoshiarpur, to which he pleaded not guilty and claimed trial.;