M. S. A. Siddiqui,j.

( 1 ) THIS appeal is directed against the judgment and order of sentence dated 13. 1. 1993 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 594/91 convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short the Act ) and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac or in default to suffer further rigorous imprisonment for six months.

( 2 ) BRIEFLY stated, the prosecution case is that on 6. 10. 1990, a police party led by Sub-Inspector Babu Lal (Public Witness -7), upon information received, apprehended the appellant near the DDA Flats in Paschim Vihar. He was given the option of being searched before a Gazetted Officer or a Magistrate. The appellant declined the offer. He was then searched by Sub-Inspector Babu Lal (Public Witness -7) in the presence of Inspector Ramesh Kapoor (Public Witness -4), ACP Ajay Kumar (Public Witness -5) and Kishan Lal (Public Witness -6), as a result whereof five and a half grams of smack was recovered from his possession vide seizure memo Ex. PW-4/a. The appellant was charged with an offence punishable under Section 21 of the Act and tried.

( 3 ) THE learned Additional Sessions Judge, on an assessment of evidence adduced by the prosecution, accepted the prosecution case and convicted and sentenced the appellant as indicated above.

( 4 ) THE evidence of the prosecution pertaining to the recovery of the contraband revolves around the testimony of Inspector Ramesh Kapoor (Public Witness -4), ACP Ajay Kumar (Public Witness -5) Kishan Lal (Public Witness -6) and Sub-Inspector Babu Lal (Public Witness -7 ). It has come in the evidence of SI Babu Lal (Public Witness -7) that on 6. 10. 1990 at about 5 P. M. , he received a secret information and organized a raiding party consisting of himself and the prosecution witnesses, namely, Inspector Ramesh Kapoor (Public Witness -4) and the Kishan Lal (Public Witness -6 ). At about 5. 30 P. M. , he apprehended the appellant near the DDA Flats Green Apartments. In the meanwhile, ACP Ajay Kumar (Public Witness -5), on receipt of the information, also came on the spot. The appellant was given the option of being searched before a Gazetted Officer or a Magistrate, but he declined the offer. However, ACP Ajay Kumar (Public Witness -5), directed him to take personal search of the appellant and pursuant to this direction , he took search of the appellant and recovered five and a half grams of smack from the right hand side pocket of the Kurta worn by the appellant vide seizure memo Ex. (PW-4/a ). It has also come in the evidence of Sub-Inspector Babu Lal (Public Witness -7) that after seizure of the contraband, a representative sample of one gram of smack was drawn from the smack seized from the appellant and the sample as well as the remaining smack were converted into separate parcels and they were sealed on the spot. The CFSL form was also filled in on the spot and the case property along with the CFSL form was handed over to the SHO, Ramesh Kumar, (Public Witness -4) for being deposited in the Police Mal Khana. Sub-Inspector Babu Lal (Public Witness -7) further testified that he prepared the rukka (Ex PW-7/a) on the spot and sent it to the police station on the basis of which the FIR (Ex PW-2/a) was registered at the police station. Prosecution witnesses Inspector Ramesh Kapoor (Public Witness -4), ACP Ajay Kumar (Public Witness -5) and Kishan Lal (Public Witness -6) have supported the testimony of Sub-Inspector Babu Lal (Public Witness -7 ).

( 5 ) IT needs to be highlighted that the rukka (Ex. PW-7/a) recites that the alleged contraband was seized at 6. 10 P. M. and the rukka was despatched from the spot at 7. 30 P. M. The FIR (Ex. PW-2/a) shows that the same was registered at the police station at 7. 40 P. M. Surprisingly, the appellant s personal search memo (Ex. PW-4/b) and the seizure memo (Ex. PW-4/a) bear the number of th

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