about 3.45 p.m., one person was seen walking from Gagchana side towards Peethpur. On seeing the police jeep, the said person started running. The said person was apprehended and on enquiry he disclosed his name as Dinesh Kumar @ Babloo. He (Dinesh Kumar) was questioned as to why he had started running on seeing the police party but he could not given any satisfactory reply. Effort was made to join independent witness before effecting search of the appellant but none agreed to join. Appellant was appraised of his legal right under Section 50 of the Act that he could get his search effected in the presence of a Magistrate or a Gazetted Officer. Appellant reposed confidence in the SHO. On search of the bag carried by the appellant, it was found that it contained Smack. On weighment, the said contraband weighed 500 grams. Two samples weighing 10 grams each were separated from the recovered contraband and were made into separate sealed parcels. The residue contraband was also made into sealed parcel and the case property was taken in possession. Personal search memo of the appellant was prepared. Appellant was arrested.
