Dalveer Bhandari, J.

( 1 ) THE appellant has filed the present appeal against the judgement and order dated 3rd February, 1992 passed by Mr. J. M. Malik, Additional Sessions Judge, Delhi. The appellant has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs. 1 lakh has been imposed and in default of payment of fine, the appellant has to further serve simple imprisonment for six months.

( 2 ) THE brief facts necessary to dispose of this appeal are as follows:-

( 3 ) MOHINDER Singh, Sub Inspector, Police Station Town Hall received a secret information from the informer that the appellant was carrying some narcotic drugs at 3. 15 p. m. on 12th July, 1990. He brought the information to the knowledge of the Station Hosue Officer of Town Hall Police Station.

( 4 ) MR. Mohinder Singh, Sub Inspector left the police station along with Constable Ved Prakash. Dharam Singh, Constable met them on the way and five persons were requested to join the raiding party. Balbir Singh, public witness also joined the raiding party. On pointing out of the informer at about 3. 25 P. M. , the appellant who was standing in Gali Prathan Wali, Chandni Chowk, Delhi, near the shop of Ram Chander Kishan Chander Sariwala, was apprehended.

( 5 ) HARBANS Singh, S. H. O. also arrived at the spot. Thereafter the appellant was informed that if he so desires, he could be produced before a gazetted officer or a Magistrate for conducting his search, but the accused refused. According to the version of the prosecution, the police gave a notice in writing to the accused and his reply was also reduced in writing. The subsequent search of the accused resulted in recovery of one match box containing smack, wrapped in polythene paper from the right hand side pocket of his pant and after weighment, it came to 3 grams. Out of this recovered smack, I gram was taken as a sample and the remaining smack was packed and sealed with the seal of H. L. M. and M. S. G. Thereafter other necessary formalities were completed. C. F. S. L. form was filled in and both the seals were affixed thereon. Both the seals after use were handed over to Balbir Singh, public witness. The case property was seized vide recovery memo Exhibit Public Witness. 2/b. Ruqqa Exhibit Public Witness. 2/a was sent for registration of the case.

( 6 ) AJIT Singh, A. S. I, registered the present case. The sample was sent to C. F. S. L. , Chandigarh. The report of C. F. S. L. , Exhibit Public Witness. 6 of the seal revealed that diacetyl marphine has been detected in the sample. Consequently, the accused was charged under Section 21 of N. D. P. S. Act.

( 7 ) DURING the course of trial, the accused appellant pleaded not guilty. The appellant at leged that the police have attempted to trump up the case against him. He explained that he used to sell goods on footpath in Chandni Chowk. He used to oblige the policemen. However, he piqued the police by refusing "hafta". Harbans Lal, PW- 1 had stated in his statement that at about 3. 25 p. m. , he reached the spot. Accused-appellant was apprehended by Mohinder Singh, A. S. I. He further stated that in his presence, notice under Section 50 of N. D. P. S. Act was given to the accused and the said notice is Exhibit Public Witness. 1/a. The accused was asked in case he wanted, he could be produced before a gazetted officer or a Magistrate, but the acccused declined the said offer and mentioned so, on the said notice itself in his own hand. Thereafter on search, one match box was recovered containing smack. After the packets were sealed and marked, they were given to Balbir Singh, public witness. On both the packets, seals were affixed. He further stated that he took both the packets and CFSL form for depositing them in Malkhana. He stated that he can identify the smack and polythene paper and match box. In his cross-examination, he stated that

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