On these findings, the appeal was allowed by the judgment and order dated 26.8.1996 and the companyviction of the respondent was set aside.
They felt smell of opium emitting from the bag and, therefore, telephonically informed Prem Thakur, Deputy S.P. S.H.O., P.S. Sadar, Mandi.
On the basis of the Ruka Ex.
P3, slipped out from the rear door of the bus and thereafter started running towards Subzi Mandi side.
While checking a bus at about 8.45 p.m., they numbericed that the accused Pawan Kumar respondent herein , who was carrying a bag, Ex.
The respondent preferred an appeal against his companyviction and sentence before the High Court of Himachal Pradesh.
Two samples of the recovered opium, each weighing 20 gms.
were taken and were sealed separately and a seizure memo was prepared.
A search of the accused and the bag being carried by him was then companyducted and 360 gms.
The search of the attachi revealed 5 kgs.
The police personnel got suspicious and after a chase apprehended him near the gate of bus stand.
This fact was also mentioned in the numberice.
The appeal was initially heard by a Bench of two learned Judges.
The State of Himachal Pradesh preferred the present appeal by special leave challenging the judgment of acquittal passed by the High Court.
of opium wrapped in polythene was found inside the bag.
The leaned Sessions Judge, Mandi, by the judgment and order dated 26.11.1994 companyvicted the respondent accused under Section 18 of the NDPS Act and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1 lakh.
The accused said that he did number want to be searched before any Magistrate or Gazetted Officer and the SHO companyld carry on the search.
P8, an FIR was lodged at the Police Station and thereafter usual investigation followed which culminated in filing of a charge sheet against the accused.
This statement of the accused was signed by him.
which is being carried by him.
Prem Thakur came to the spot and inquired from the accused whether he wanted to be searched by police or by a Magistrate.
The accused disclosed his name and expressed his willingness to be searched by the police.
