Honble SAXENA, J. — Heard. Perused the order dated 8.6.94, whereby learned Munsif and Judicial Magistrate, Asind allowed the application filed by the Addl. Public Prosecutor under Sec. 311 Cr.P.C. and ordered that the true copy of arrest memo dated 11.7.83, by which the petitioner was alleged to have been arrested under Sec. 41 read with Section 109 Cr.P.C. be taken on record the further held that it was a true copy of arrest memo, genuineness thereof could not be disputed. He further held that the petitioner shall be free to send for the original arrest memo and cross examine PW 9 and Investigating Officer Rameshwarlal.

(2). The petitioner is facing trial for the offence under Sec. 4/9 of the Opium Act before the trial court. The alleged incident took place in the year 1983. It is alleged by the prosecution that the petitioner was arrested on 11.7.83 under Sec. 41 read with Sec. 109 Cr.P.C. and that in pursuance to his information given under Sec. 27 of Evidence Act, the contraband opium was recovered. However no arrest memo was filed alongwith challan papers. When Rameswarlal Investigating Officer was being examined in the trial court, the Addl. Public Prosecutor submitted the car

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