checking. On the way, Constable Rajpal and one Balbir Singh had met the party and were joined in the party. In the meantime, accused was sighted carrying a bag in his right hand and attachi case in left hand, while coming from the side of western wall of the bus stand. On seeing the police party, the accused became nervous and tried to retreat. Investigating Officer suspected that the accused was carrying some intoxicant in the bag. On suspicion, the accused was apprehended by the Investigating Officer and on enquiry, he disclosed his name as Neki Ram son of Girdhari Lal, resident of Village Gulabpura. Notice under Section 50 of the Act was issued as to whether the accused wanted to be searched before any Magistrate or Gazetted Officer. Accused replied that he wanted to be searched before a Magistrate. Constable Attar Singh was sent to summon the Magistrate. After some time, Constable Attar Singh along with Rajinder Singh Gahlot, Tehsildar, came to the spot. The Tehsildar was apprised about the facts of the case by the Investigating Officer. Then Tehsildar directed the Investigating Officer to search the accused. After offering his personal search to the accused in the presence of witnesses, the accused was searched. Plastic container, containing opium, was found in the bag. Two samples, each weighing 20 grams, were separated and the remaining opium was found to be 4.460 kgs. Samples and the remaining opium in the same container were separately sealed with the seal of Tehsildar bearing impression `RS'. Case property was taken into police possession vide memo (Ex.P5). Seal after its use was handed over to Rajinder Singh, Tehsildar. Ruqa (Ex.P1) was sent to the police station at 5.30 PM, on the basis of which, formal FIR (Ex.P2) was recorded. After receipt of report of Chemical Examiner, challan was presented in the Court.
