( 1 ) THIS appeal is directed against the judgment of the learned Additional Sessions Judge in Sessions Case No. 1293/91 dated 17. 3. 1993. The brief facts which are necessary to dispose of this appeal are recapitulated as under.

( 2 ) ON the night of 29. 12. 1990, Sub Inspector of Police Rajiv Rattan, who was posted in Police Station Town Hall was on his round alongwith Constable Avtar Singh. At Kauria Bridge they met Constable Parkash Veer who also joined them in patrolling. At Kauria Bridge they received information that one person was present with poppy husk powder at Hardayal Library. A raiding party was formed. Ramesh Chander Garg, the then Station House Officer was telephonically requested to arrive at the spot. One Raju Pandey, as a public witness, was also joined in the raiding party. The members of the raiding party proceeded towards Hardayal Library and intercepted the appellant Radha Kishan, who was present at southwest comer of the library and was having a plastic bag.

( 3 ) ACCORDING to the prosecution the accused appellant was apprised of the fact that if he so desired, he could be produced before a Gazetted Officer or a Magistrate for conducting his