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1996 Supreme(Del) 712

S.K.MAHAJAN
MAHATAM PARSHAD – Appellant
Versus
STATE OF DELHI – Respondent


S. K. Mahajan, J.

( 1 ). On July 22, 1991 during patrolling, ASI Chandan Singh received secret information that a person sitting in Ram Leela Park opposite Shiv Shakti Marg eastern side was having charas in his possession. A raiding party was thereafter formed by ASI Chandan Singh and he requested 5-6 passerby to join the raiding party but they expressed their inability except that one Deep Chand was included in the raiding party. The accused was found standing on the eastern side of the park opposite Shiv Shakti Marg. He was apprehended and was informed that he was suspected to have charas. He was given an option to be searched in the presence of a gazetted officer or a Magistrate but the accused declined the option. On search 800 gms. of charas in batti form was recovered from the bag which was carried by the accused. In the meantime, SHO had also reached at the spot in the Government vehicle while patrolling. Out of the charas recovered from the accused 30 gms of. charas was taken out as sample and two parcels were prepared which were sealed with the seal of C. S. R. and S. K. S. CFSL form was filled at the spot and specimen of the above seals were affixed thereon. On report fro












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