( 1 ) THIS appeal has been brought against judgement dated September 24, 1988 and order of sentence dated September 24, 1988 by which an Additional Session Judge has convicted the appellant of an offence punishable under Section 21 of the N. D. P. S. Act and has sectenced him to undergo regorous imprisonment of ten years and to pay a fine of Rs. I lakh and in default of payment of lime to undergo further rigorous imprisonment of two year. The proscution case, in brief, is that S. H. O. Sh. O. P. Yadav, PW-6 of Police Station Ambedkar Nagar, while patrolling the area on March 15, 1987, had received a secret information that a person would come in a jeep ORM 4897 having smack in substantial quantity for delivering it to Puran and he would be going to M. B. Road, Madangir Block B-V. He is stated to have come to the police station and made the ebtry regarding this particular information in the daily diary at 7. 00 P. M. and had also informed A. C. P. Sh. Ashok Chand, PW-4, who come to the police station and then a raiding party was organised comprising of A. C. P. S. H. O. ,s. I. Rajinder Prasad. P. W.-1o, Head Constable Attar Hussain PW-3, Head Constable Satbir Singh, PW-7 and constables Chandan Singh, Rampal, Bhagwat Dayal and Ghanshyam and after joining public witness R. K. Chadha, PW-1, who had come to the police station for some other work and who is also stated to be Special Police Officer, they came to the spot in a police jeep and the raiding party is stated to have took up the position at the t point of M. B. Road and Dakshinpuri and at 8. 10 P. M. the appellant was seen coming on loot and was pointed out by the secret informer and was apprehended and he was informed about his being in possession of the smack as per secret information, but he having controverted this fact, his personal search was taken and from his hand a polythene envelope was taken which contained another small polythene packet which on on checking was found to contain 400 gms. of smack, out of which sample of 50 gms. was separated and the remaining smack were converted into two sperate sealed cloth parcels and the seal of RPA and OPY belonging to S. I. Rajinder Prashad and S. H. O. respectively were affixed and the same were taken in to possession vide a recovery memo.

( 2 ) S. I. Agdish Prashd prepared a rukka . Ex. PW1o/a had sent the same through Constable Ghanshyam For registration of the case. The case property was deposited in the malkhana and the sealed sample was sent to C. F. S. L. on March 27, 1987 through Constable Satish Chander, PW-9 and C. F. S. L. report, Ex. PW-8/h was received to the effect that the sample gave positive test for heroin.

( 3 ) SH. R. K. Chadha, public witness, how ever during the trial had turned hostile and did not support the prosecution version. According to his testimony, no recovery was effected in his presence and as a matter of fact, he never became a member of anu raiding party and had signed some documents at the behest of the police that they were pertaining to constitution of some delegation. So, no benefit can be drawn by the appellant or by the prosecution from the testimony of this witness. It is to be emphasised that this witness has some connections with the police as he has been named a Special Police Officer and has been visiting the police station off and on for some work.

( 4 ) BEFORE dealing with the statement of the police officials, which have been relied upon by the prosecution for bringing home the offence to the appellant, I may at first refer to the admitted fact in the case. When the sample was sent to C. F. S. L. for analysis, the expert who had analysed the sample had found that one of the seals affixed on the sample parcel. did not tally with the specimen seal of OPY. Before opening the sample, a letter, copy of which is PW8/a, was issued by the C. F. S. L. expert to the S. H. O. bringing it to his notice that one specimen, namely, OPY differ with those of the specime