PURSHOTTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. According to the case of prosecution, on receipt of an information, the raiding party, consisting of only police personnel, had gone to the spot and had apprehended the applicant from near the RTO office and had made recovery of 1/2Kg. of opium, wrapped in a plastic cover, from the right pocket of the pant of the applicant, who is stated to have been keeping it for selling it un-authorised.

(2.) On my asking as to whether only the plastic cover was recovered or on the search of the person of the applicant, anything else was also recovered, the reply of the learned Public Prosecutor, is that no recovery of any amount from the person of the applicant was made and that no paper-wrappers, in which, the opium could be sold, has also been recovered. There is no allegation in the FIR about the joining of any public witnesses and there is no explanation therefore.

(3.) The applicant is in the judicial custody and no more wanted by the police for investigation.