( 1 ) THIS appeal is directed against the judgment of the learned Additional Sessions Judge in Sessions Case No. 1293/91 dated 17. 3. 1993. The brief facts which are necessary to dispose of this appeal are recapitulated as under.

( 2 ) ON the night of 29. 12. 1990, Sub Inspector of Police Rajiv Rattan, who was posted in Police Station Town Hall was on his round alongwith Constable Avtar Singh. At Kauria Bridge they met Constable Parkash Veer who also joined them in patrolling. At Kauria Bridge they received information that one person was present with poppy husk powder at Hardayal Library. A raiding party was formed. Ramesh Chander Garg, the then Station House Officer was telephonically requested to arrive at the spot. One Raju Pandey, as a public witness, was also joined in the raiding party. The members of the raiding party proceeded towards Hardayal Library and intercepted the appellant Radha Kishan, who was present at southwest comer of the library and was having a plastic bag.

( 3 ) ACCORDING to the prosecution the accused appellant was apprised of the fact that if he so desired, he could be produced before a Gazetted Officer or a Magistrate for conducting his search in their presence but the accused declined the proposal. A notice under Section 50 of the N. D. P. S. Act was also reduced in black and white. Reply of the accused duly signed by him was also recorded.

( 4 ) IT is alleged by the prosecution that on search 17. 300 kgs. of poppy husk powder was recovered from the appellant. From the abovesaid contraband material a sample weighing 200 grams was separated. The sample and the remaining poppy powder were separately packed and sealed with the seals bearing initials RRM belonging to the Investigating Officer and RCG belonging to the Station House Officer. According to the further story of the prosecution, the CFSL form was filled in and both the seals after use were handed over to the public witness, Raju Pandey. The case property was seized vide recovery memo Ex. Public Witness 2/b. The SHO took both the sealed pockets and the CFSL form to the police station and deposited the same with Moharar Malkhana. The Investigating Officer prepared ruqqa Ex. Public Witness 2 /a and sent it to the police station for registration of the case through Constable Partap Singh. Head Constable Babu Lal recorded the formal FIR. The result received from the CFSL and proved on the record as Ex. Public Witness 6/c revealed that the sample sent to the CFSL for chemical analysis had given the positive tests for poppy powder.

( 5 ) THE accused appellant was arrested and challaned for an offence under Section 15 of N. D. P. S. Act. The accused appellant stated that he was falsely implicated because of his enmity with the public witness, Raju Panday. He also stated that the police and the public witness are hand in glove.

( 6 ) THE prosecution examined six witnesses in support of its case. Head Constable Nahar Singh, Public Witness 1 stated that he was posted as Moharar Malkhana in the Police Station Town Hall on 29. 12. 1990. He testified that R. C. Garg had deposited with him two sealed packets and the CFSL form bearing the seals RCS and RRM vide entry effected by this witness at Serial Number 951 in Register No. 19. He had sent the sample packet alongwith the CFSL form to the Central Forensic Science Laboratory through a Constable Partap Singh. He proved the copy of the abovesaid - entry as Ex. Public Witness 1 /a. He has also asserted that nobody had tampered with the case property until it remained in his custody. The Trial Court examined the prosecution and defence witnesses version and arrived at definite conclusion that the prosecution has been successful in proving the guilt of the accused and consequently the appellant was convicted and sentenced to 10 years rigourous imprisonment and was directed to pay a fine of Rs. 1,00,000. 00failing which the accused appellant shall undergo further simple imprisonment for one yea