( 1 ). Shri Safiullah S/o Shri Hasmat Ullah was prosecuted under Section 20 of the Narcotic Drugs and Psycotropic Substances Act (hereinafter called as the Act ). He was tried by the learned Additional Sessions Judge, New Delhi, and came to the conclusion that the offence has been-made out against the petitioner. Accordingly he convicted the petitioner and sentenced him to rigorous imprisonment for 10 years with a fine of Rs. l,00,000. 00 and to further rigorous imprisonment for two years in, case of default of payment this background that the present appeal has been filed.

( 2 ). In order to appreciate the points raised, it will be relevant to know in the facts of the case.

( 3 ). That a police party consisting ofs. I. Tej Pal Singh, ASI 0m Parkash and some constables including Constable Satish Kumar and others of Anti Auto Then Squad were on checking duty near Andheria Mor in the area of Police Station Mehrauli At that time S. I. Tej Pal Singh and ASI 0m Parkash recived a secret information at about 8 P. M. that two persons were standing at the bus stand of Andheria Mor. They were having bags in their hands and there was charas in those bags. At this the police officials organised raiding party. S. I. Mahender Singh of Police Station. Mehrauli happened to reach there. He was also joined. They attempted to join some public witnesses and succeeding in joint (joining?) one Istgar Hussain.

( 4 ). This party reached the bus stand of Andheria Mor at 6. 15 P. M. The accused Safiullah and one other person Mohd. Ahmed were present there. The police officials apprehended them at the signal of informer. ASI 0m Parkash actually apprehended Safiullah. These accused were apprised that they were suspected to becarrying charas and they were to be searched and if they so desired they could be taken before a Gazetted Officer and could be searched there. They did not accept this offer. The police officials searched them.

( 5 ). ASI 0m Parkash searched Mohd. Ahmed. From the bag carried by Safiullah charas was received. It weight 2 K. G. A sample of 10 grain was taken by ASI 0m Parkash from the charas recovered from Safiullah accused. This sample was sealed after wrapping it in a bag and the rest of the charas was sealed in separate parcel. These were sealed with the seal of O. V. S. A seizure memo of taking them into possession was prepared. The proceedings about recovery of charas from Mohd. Ahmed and taking samples from him and preparing writing was done by S. I. Tej Pal Singh. ASI 0m Parkash prepared a memo (note) adressed to duty officer, police station Mehrauli for registration of a case and sent it through constable Narender Kumar to Police Station. The F. I. R. of this case was registered on that basis. Ruqqa in respect of recovery from Mohd. Ahmed was sent by Tej Pal Singh for registration of case. After receipt of copy of F. I. R. from the police station at the spot ASI 0m Parkash formally arrested the accused and conducted further search of his person, resulting in recovery of RS. 10. 00. A jama talashi memo was prepared.

( 6 ). The sealed parcels were taken to Police Station Mehrauli and the parcels were produced before the S. H. O. Omvir Singh. The SHO affixed his own seal marking of O. V. S. on the parcels. These were deposited in the malkhana of police station Mehrauli. The accused was put up in the lock up on 26. 11. 1986, the sample was sent to C. F. S. L. through constable Sis Ram for chemical examination. The report of Chemical Examination was received and it showed that the sample was of charas. Thus the accused was sent up for trial.

( 7 ). Prosecution examined as many as 8 witnesses in all. Out of these withnesses P. W. 5 Istagar Hussain stated to be an independent withness. He, however, did not support the prosecution case and hence was declared hostile. He stated that he knew nothing about this case and was forced to sign the seizure memo. He was a proclaimed offender and was facing trial under Section 304