JUDGMENT

Khem Chand Sharma, J. - In brief the prosecution case is that on 16.6.1999 at 11 AM. PW 3 Rajesh Chaudhary. Sub-Inspector informed PW6 Shri Rajendra Singh. SHO Kotwali that one person named Ayub aged about 30 years having a country made 'katta' with him was walking near Namak Mandi. Kishanpole Bazar. Jaipur. Having received information the SHO recorded the information in Rojnamacha. (Ex.P. 14 A) and then he along with police personnel proceeded to Kishanpole Bazar in a Government vehicle. The SHO then secured the presence of motbirs. Thereafter, the police party encircled the accused and apprehended him. The SHO gave the accused a notice (Ex.P1) under Section 50 of the Act and informed him of his legal right to have his search conducted either in the presence of a gazetted officer of the police department or of any other department or in the presence of a judicial Magistrate. The accused gave his consent in writing that his search be conducted by the SHO himself.

Thereafter, the SHO got conducted the search of accused by PW 4 Pokhar Mal Constable. During search two packets containing smack was recovered from the right pocket of the trouser of the accused. Accordingly. chec