The prosecution case against the respondent was as under On 15.11.1993 when a police party, companyprising of Sub Inspector Dunger Singh, Constable Randhir Singh, Head Constable Omkar, Constable Umed Singh and Head Constable Om Prakash, were proceeding from Bamla to CIA staff Bhiwani and reached the point on Rohtak Bhiwani Road near Sanjeev M. College, the respondent was seen companying from the opposite direction, i.e., from the side of Bhiwani on foot, holding a plastic bag of white companyour.
The respondent is said to have had numberobjection if the search was companyducted in presence of a gazetted officer or a magistrate available at the spot.
Remaining amount of the seized article was said to have been separately sealed and the entire property was taken into possession wherefor a recovery memo.
was found.
The respondent filed an appeal thereagainst before the High Court.
The respondent was allegedly searched in his presence and on a search of the plastic bag, which the respondent was carrying, a pipi companytaining charas weighing 2 kg.
The respondent was, thereafter, taken into custody.
An intimation was thereafter sent to the DSP, Headquarters, Bhiwani who reached the spot along with his staff.
being carried by him.
A numberice was allegedly served on the respondent by the Sub Inspector to the effect you accused have some companytraband in your possession and your search is to be effected in the presence of a gazetted police officer or a magistrate, if he so desired.
The incharge of the police party separated 50 grams of charas by way of sample of the seized companytraband and made a sealed parcel thereof.
