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1995 Supreme(Del) 162

M.S.A.SIDDIQUI
MELA SINGH – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
P.S.SHARMA, R.D.Jolly

M. S. A. Siddiqui

( 1 ) THE appellant Mela Singh was convicted by the trial court u/s. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N. D. P. S. Act) and sentenced to 12 years, R I. and to pay a fine of Rs. 1 lakh for being in illegal and unauthorised possession of 5 kgs. poppy husk.

( 2 ) BRIEFLY stated the prosecution case is that on 27. 7. 1990, S. I. Prakash Chand (P. W. 5) alongwith A. S. I. Om Parkash was on patrol duty at departure hall of Inter-State Bus Terminal, Delhi. Following a tip off, a raiding party was organised at about 5. 15 p. m. and the appellant was apprehended at platform Nos. 8 and 9 and from his possession 5i kgs. of poppy husk was seized vide seizure memo Ex PW. 5/a. The samples were sent for the chemical examination and after receiving the report, charge sheet was laid.

( 3 ) APPELLANT in his statement u/s. 313, Cr. P. C. stated that he was falsely implicated. Learned trial court accepted prosecution case and convicted appellant.

( 4 ) IN this appeal the main submission is that the report of the C. F. S. L. (Ex. PW5/d) is not admissible in evidence u/s. 293 Cr. P. C. as the same has not been made by an authority specified therein. Learned








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