State Of Rajasthan And Ors. vs Dhanraj Sharma And Anr. on 10 April, 1995
The
secret informer identified the said person as Dhanraj from the
distance of about 20 meters and after identification, secret informer
FIR No. 75/2015 State Vs. Dhanraj Kumar Shah Page No.2 of 24
left the spot. The said person stood on footpath at the distance of 10
15 steps and started waiting for someone. After waiting for 45
minutes, the said person started going back to the direction from
which he had come. He was apprehended with the help of staff and
on enquiry his name came to be known as Dhanraj Kumar Shah r/o
Bihar. Government vehicle was called at the spot. Introduction of
the raiding party was given to the accused and he was apprised
about the secret information. He was also informed about his legal
rights that his search can be conducted in the presence of Gazetted
Officer or Magistrate and the arrangement for the same can be
made. He was also informed that before his search, he can take the
search of the raiding party and the government vehicle. Accused was
explained the meaning of Gazetted Officer/Magistrate. A notice u/s
50 NDPS Act was prepared and served upon the accused. Accused
mentioned his refusal regarding availing of his legal rights on the
carbon copy of the notice u/s 50 NDPS Act. People gathered at the
spot were requested to join the investigation but they refused.
Search of accused was conducted and his bag was taken. On
checking, the bag three pockets were found empty and on opening
the main chain, the pocket of bag was found containing two
transparent polythenes tied with rubber band under one old torn quilt
cover. In one transparent polythene, black colour platenuma solid
substance was found and total 14 plates were there. On opening the
rubber band, smell of charas was emanating from the said substance.