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1996 Supreme(Del) 625

S.K.MAHAJAN
DINESH KUMAR – Appellant
Versus
STATE OF DELHI – Respondent


S. K. MAHAJAN

( 1 ) ON receipt of a secret information by Anti Narcotic Cell of the Delhi Police raiding party was organised which reached Delhi-Haryana Border at Badarpur at 7. 30 p. m. Four passer by were requested to join the raiding party but they left the place after showing their helplessness without telling their names and addresses. Two police officers, namely. HC Dina Nath and Constable Nakui Bedi belonging to Badarpur Police Station who were patrolling there were also joined in the raiding party. At about 8. 20 p. m. on the signal of the informer, the scooter driven by Dinesh Kumar with Manoj Kumar on the pillion seat was stopped in front of the bus stand Badarplur Border. Both. Dinesh Kumar and Manoj Kumar, were informed of the secret information and were offered to be searched in me presence of a gazetted officer or a Magistrate. Notice under Section 50 NDPS Act was served upon them separately. However, both of them refused to get themselves searched in the presence of a gazetted officer or a Magistrate.

( 2 ) ON search ot the accused, Dinesh Kumar, a bag, consisting of charas, carried by him on his snouldcr. was recovered. The recovered charas. on weighment, turned out























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