( 1 ) - Ravindra Kapoor @ Ravi s/o Shri Sadhu Ram was tried for the offence under See. 21 of the Narcotric Drugs and Psychotropic Substances Act, 1985 (for short the Act) by an Additional Sessions Judge, New Delhi. The allegations against him had been that on 29th September 19s6 at 7. 00 P. M. at parking place near Kapur Di Hatti and in the area of P. S. Connaught Place was found in possession of 350 grams of Heroin. He was convicted for the said offence and sentenced to R. 1. for 10 years with a fine of Rs. 1 lac or in default to undergo R. 1. for two years by an Additional Sessions Judge, New Delhi vide judgement and order dated 19th April, 1990.

( 2 ) PEELING aggrieved from his conviction and sentence Ravinder Kapoor has filled this appeal.

( 3 ) BRIEFLY stated the facts leading to the filing of this appeal are that on 23-9-1986 S I. Lakshmi Chand (Public Witness 2),s. I. Surinder Singh PW4 SI Om Prakash (Public Witness 8), ASI Jagpal Singh, Constable Harbir Singh (Public Witness 7) and other official of the crime branch were present Narula Restaurant. Connaught Place in connection with the detection and prevention of crime regarding Narcotic Drugs. Inspector Shamsher Singh was heading the party. At aboot 6. 33 P. M. a secret information was received by S. I. Lakshmi Chand when Shri 0m Parkash was also present with him that two persons would be coming to the parking area from the side of the Odeon Cinema having heroin with them to be supplied to some other persons. Accordingly a raiding party was organised by S. I. Lakshmi Chand under the supervision of Inspector Shamsher Singh in which all the police officials were joined. Aa attempt was made by S. I. Lakshmi Chand to include persons from the public and with this intention a request was made to 8 to 10 passers by who declined to join the raiding party. Accordingly a nakabandi was held in the parking area in front of Kapur Di Hatti and at 7. 00 P. M. two persons came who were apprehended at the pointing out of the informer. These persons on enquires gave their names as Ravinder Kapoor and Shani Kumar @ Sikander.

( 4 ) S. I. 0m Parkash took proceedings for search of Ravinder Kapoor while S. I. Lakshmi Chand took proceedings for the search of Shani Kumar. The appellant was informed about the information available with the police officer and was told that if he desired his search could be conducted in the presence of a magistrate or a gazetted officer. Ravinder Kapoor, however, declined this offer.

( 5 ) S. I. 0m Prakash found a bag in the hand of Ravinder Kapoor which on, checking wa found having heroin. The same on weighing was found to be 350 gms. Five gram was separated as a sample and thereafter the sample and the remaining. Heroin were converted into separate parcels sealed with the seal of op which was handed over to S. I. Lakshmi Chand. These parcels were taken into possession by S. I. . 0m Prakash after preparing a seizure memo. CFSL form was also filed up.

( 6 ) RUKKAM Ext. PW8/a was prepared by S. I. 0m Prakash which he gave to H. C. Harbir Singh (Public Witness 7) to whom the sealed parcels were also handed over so that he may produce the case property before the SHO and get the case registered. The case property was produced before SHO who fixed bis seal pna on the sealed parcels and deposited them with Moharrar Malkhana, H. C. Imadul Islam (Public Witness 9 ). Fair 793/86 was recorded and the investigation was entrusted to S. I, 0m Prakash.

( 7 ) THE Investigating Officer recorded the statements of the witnesses and arressted the accused. On 30 9. 86 sample parcel was to CFSL through Constable Ranjtt Singh (Public Witness 5) wherefrom report wae received showing that the sample gave positive test for heroin. Investigation revealed the commission of offence under Sec. 27 of the Act by the accussed and so he was challaned.

( 8 ) THE plea taken up by the accussed in his statement under Sec 313 Cr P. C. was of denial of the alleged recovery It ha