3. Facts of the case, in brief, are that on 24.11.2015, Sub-Inspector Ajay Sahu (PW11), Assistant Sub-Inspector Karmusai Paikra (PW10) and other Constables of Police Station Tapkara were on night patrolling duty. They were checking vehicles. Sub-Inspector Ajay Sahu (PW11) received a secret information that two persons were coming with contraband article Ganja in a Maruti Swift Car bearing registration No.UP 45 N 3434 from Lavakera to Tapkara. On the basis of the information, he called two witnesses namely, Jagdish Prasad (PW2) and Jermious Lakda (PW3) by giving them notice (Ex.P5). He made them aware of the information and prepared a Mukhbir Suchna Panchnama (Ex.P6). He prepared a Panchnama (Ex.P7) about non-receiving of a search warrant and thereafter in compliance with Section 42 of the Act of 1985 he forwarded the information to the S.D.O. (Police), Kunkuri vide Ex.P41. Thereafter, he reached the spot. After sometime, the said Swift Car reached the spot. He stopped the car. On the driving seat of the car, Appellant Jaiprakash was sitting and adjacent to him Appellant Abdul was sitting. In compliance with Section 50 of the Act of 1985, he gave them notices (Ex.P8 and P9) for their search. He obtained their consent vide Ex.P42 and P43. They consented to be searched by him (Sub-Inspector Ajay Sahu). He also gave his and his staff’s search to the Appellants. He made personal search of the Appellants vide Ex.P11 and P12 in which he did not find anything. Thereafter, he searched the car in which he
