Brief facts of the case are that on 10.04.2000, a police party headed by SI Jasmel Singh on official vehicle being driven by CII Pal Singh, in connection with Naka Bandi duty was present on bridge of the river Ghagar, in the area of Village Andana. Sarban Singh son of Masadi Ram came at the spot, with whom, Investigating Officer was talking. In the meantime, accused was seen coming from the side of the Village Andana, on a bicycle, on the carrier of which a bag was lying and another bag was lying in the frame of the cycle. On seeing the police party, accused threw away the cycle on the ground and tried to run away. On suspicion, accused was apprehended with the help of police party. Since the Investigating Officer suspected some contraband in the gunny bags, he asked the accused whether he wanted to get searched his bags in the presence of a Gazetted Officer or Magistrate. The accused gave option that search be effected in the presence of some higher officer. Consent statement of accused (Ex.PA) was recorded. Thereafter, Inder Mohan Singh, DSP, Moonak was called through QST, who reached at the spot. DSP Inder Mohan Singh recorded another consent statement of the accused (Ex.PB). On the direction of the DSP, both the bags were searched, which led to the recovery of 70 kgs of poppy husk. Poppy husk from both the gunny bags was poured on a piece of cloth and thereafter, two samples of 250 grams each were separated and converted into two separate parcels. Thereafter, 35 kgs. of poppy husk was put into one gunny bag and remaining 34-1/2 kgs. of poppy husk was put into another gunny bag and both the gunny bags were converted into two separate parcels. All the parcels were sealed
