Important Point
Prosecution is under obligation to prove that sample delivered of CFSL was in same condition and there was no possibility of tampering with it.

JUDGMENT

R.C. Chopra, J.— The appellant, a Nigerian national, stands convicted under Section 21 (c) of the Narcotic

Drugs and Psychotropic Substances Act (hereinafter referred to as “Act” only) vide orders dated 28.8.2003 and sentenced to undergo RI for 15 years and a fine of Rs. 1 lac vide orders dated 15.9.2003. He has filed this appeal challenging his conviction and sentence.

2. The facts relevant for the dis-posal of this appeal, briefly stated, are

that on 30.7.1999, the Narcotics Control Bureau (NCB) received a secret infor-mation that one Nigerian called King was having 5-6 kilograms of heroin with him for the purpose of smuggling it out of India. According to the information, he was keeping this Heram in the back portion of House No. E-l/19, Vasant Vihar, New Delhi. The information was reduced into writing and was brought to the notice of the senior officers. Thereafter, a raiding party was organized and a raid was conducted. Two public witnesses also were joined in the raiding party. Shri N.K. Dhaka, Intelligence Officer, NCB was the Investigating Officer and Shri C.B. Singh, Superintendent, NCB was supervising the raid. When the raiding party reached the aforesaid premises, its door was found bolted from inside. Upon knocking, somebody from inside asked as to who was there upon which the Officers replied that they were from NCB. Thereafter, the door was not opened in spite of repeated knocking upon which the Officers pushed the door open with force. The Officers saw that the appellant was pouring some brownish powder from two polythene packets into a plastic bucket filled with water. On seeing them, he put both his hands into the bucket so as to mix the contents of both the packets into water. However, he was overpowered. He was informed that the raiding party had come to search the premises. Search warrants were shown to him. A notice under Section 50 of the Act was also issued to him and he was asked as to whether he wanted to be searched before a Magis-trate or a Gazetted Officer. The appe-

llant declined the offer and signed

the notice. Upon information by the Officers, the Assistant Director, NCB also reached the spot and authorized the Investigating Officer to conduct the search.

3. During the search, one packet of brown powder was found near the bucket. Two packets which were inside the bucket and were in wet condition were also taken out. With the Field Testing Kit, the contents of the three packets were tested. The result was positive for Heroin. The water mixed with heroin was also tested. It also gave positive result for Heroin. Samples of five grams each were taken out from the three packets separately. The weight of the polythene packet which was outside the bucket was found to be 1 kg. and the wet packets were found to be 550 gms. and 50 gms. each. A plastic jerican was requisitioned and the water mixed with Heroin was put therein. Its weight was found to be about 18 kgs. including the weight of the jerican. The samples as well as contents of the packets were sealed with the seal of NCB DZU2. Personal search and house search did not yield any other incriminating recovery except some Indian currency and clothes. The passport of the appellant, however, was recovered from the drawing room along with certain documents, which were taken into possession. A Seizure Memo was prepared. The case property was deposited with the Malkhana Incharge Mr. N.S. Ahlawat, Assistant Director on the same day. Report of the search and seizure under Section 57 of the Act was given to Shri C.B. Singh, Superintendent on the said day. The statements of the witnesses were recorded and after necessary investi-gations, a complaint was filed against the appellant.

4. The appellant pleaded not guilty to the charge and claimed trial. In support of its case, the prosecution examined PW-1 V.B. Chaurasia, Asstt. Chemical Examiner, PW-2 Shri Mangal Dass, I.O., who had collected the results from CRCL, PW-3 Narinder Kumar, Chemical Exa