(3) As per prosecution case, on 20.05.2010, at about 09.15 hours Lambodar Patel (PW-5), Station House Officer, Gariyaband Police Station received information from informant that at village Gariyaband, Bus stand appellant – Garibo Yadav was having ganja in his possession in a bag. The said information was reduced into writing vide Ex.P-2 and thereafter without obtaining search warrant, Panchnama was prepared vide Ex.P-3. Thereafter, the police party went to the spot, apprehended the accused, in presence of witnesses namely Narottam & Jagat gave him notice (Ex.P-11) under Section 50 of the NDPS Act and made him aware of his legal rights, on which he consented to be searched by the police. Personal search of the police party and the witnesses was also made by the appellant vide Ex.P-4, and nothing was found. On search of the bag, which the appellant was carrying, Ganja like substance was recovered vide Ex. P/5 and on being examined by smelling, it was found to be Ganja vide Ex.P-6. On weighment being done of the contraband it was found to be 5.500 kgs vide Ex. P/8. Two samples, each of 100 gms, were drawn from the said contraband and seizure memo (Ex.P-9) was prepared, the samples were duly sealed and kept in Malkhana and specimen of seal was affixed on the seizure memo. Spot map was prepared vide Ex.P-19 and the accused was arrested. Intimation of the entire proceedings was forwarded to the office of Superior
