SURAJ MAL SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is said to be in possession of 10 Kg. of opium. It is stated that he was going from his house with a suit case in his hand on the Geatora road and one constable Abdul Mazid, followed him. He had already received source information that a man is going with huge quantity of opium with him. He could smell opium from the bag of the accused When they reached a by pass road an auto rickshaw came there and as Abdul Mazid had some feer that the accused would ran away, he caught him and took him to the police head quarters in the office of the Inspector General. The Inspector General of Police asked the accused his name and thereafter wrote a letter to the Bramhpuri Police Station upon which the case was registered.

(2.) The learned counsel for the petitioner has contended that the auto-rickshaw man who took the accused as well as Abdul Mazid to the police headquarters, has not been examined as a witness. It is also contended that the petitioner was not informed about the rights to get himself searched before the Magistrate or Gazetted Officer.

(3.) The learned Public Prosecutor has contended that the kilograms of opium was found in the possession of the accused.