( 1 ) THIS appeal is directed against the judgment of the learned Special Judge, Delhi passed in Sessions Case No. 128/94. Brief facts necessary to dispose of this appeal are recapitulated as under

( 2 ) ON 9. 3. 1991 while, the Sub Inspector Pran Nath was on patrolling duty alongwith ASI Prithvi Singh, Constable Vijender, Constable Ajay Singh at Andha Mughal Chowk he received an information that a person namely Sher Singh would go to Haryana through Bagichi Peerji Railway Station, Subzi Mandi in order to supply charas and if a raid is conducted, illegal charas can be recovered. The information was reduced into writing and a raiding party was formed. Public witnesses Rajinder Kumar Sharma and Sachchidanand were also joined in the raiding party. The raiding party informed the accused that as per their information he was carrying illegal charas for which he has to be searched.

( 3 ) ACCORDING to the prosecution version, the accused was given notice under Section 50 of the NDPS Act, 1985. On search by an ACP before the S. H. O. a bag woven with plastic threads with yellow and blue linings with light cloth handle was recovered from his possession and on checking the same, it was found that there was a polythene bag containing 4. 600 Kg. charas in the shape of round sticks. Out of that 500 grams was separated as sample and that sample was wrapped in a white cloth and the same was converted into a sample parcels. Remaining charas of 4 Kg 100 grams was put in the same polythene and converted into a separate parcel with the help of a cloth. Both these parcels were sealed.

( 4 ) IT is the further case of the prosecution that the CFSL form was filled in. Both these parcels and the CFSL Form were handed over to the SHO for safe custody. Thereafter, a rukka was prepared and the same was sent through a constable Vijender Kumar for registration of the case. The SHO took the case property alongwith the necessary documents and deposited the same with the Malkhana Moharar. The case was registered and the accused was arrested. Charge sheet in the case was filed on 4. 6. 1991 in the Court of the learned Metropolitan Magistrate, Delhi and the case was Committed to the Court of Sessions on 6. 7. 1991. The prosecution examined 10 witnesses to prove its case. On the basis of evidence and documents on record, the trial Court found the appellant guilty of the offence and sentenced him to 10 years rigorous imprisonment and imposed a fine of Rs. 1, 00, 000. 00 =. The Court also directed that in default of payment of fine, the appellant to further undergo a period of six month s imprisonment.

( 5 ) THE appellant aggrieved by the order of the Special Judge has approached this Court. Mr. Jitender Sethi, The learned counsel appearing for the appellant submits that the CFSL form was never deposited with the Moharar Malkhana. Mr. Sethi submitted that in Register No. 19, there is no entry indicating that the CFSL Form was in fact deposited. He has invited my attention to Register No. 19 (Exhibit Public Witness1/a ). In entry No. 256 of the said Register, there is description of this case but it is no where mentioned that the CFSL form was in fact deposited. Mr. Sethi further submitted that the sample parcel was. sent to the CFSL office on 14. 3. 1991 through Constable Ajay Singh but the CFSL form was not sent alongwith the sample parcel. Constable Ajay Singh in his oral testimony had mentioned that he had carried the CFSL form to the CPSL office but there is no document to support this part of his statement.

( 6 ) MR. Sethi the learned counsel for the appellant also submitted that the sample parcel were sent alongwith the road certificate. The road certificate gives description of the articles sent to the CFSL office. Even the road certificate does not mention the fact of sending the CFSL form. Mr. Sethi, the learned counsel for the appellant has also invited my attention to the road certificate which is Exhibit Public Witness1/b in which it is