BADAR DURREZ AHMED, J.

( 1 ) THE petitioner is in judicial custody since 28. 08. 2002. The facts as alleged by the prosecution are that on 20. 07. 2002 on the basis of a secret information, the petitioner alongwith co-accused Manoj Raj Pal Singh was apprehended and, on search, the petitioner was found to be in possession of 500 grams of a substance, described as light cream powder , which was kept in a plastic polypack. The said substance was suspected to be heroin. Samples of the recovered substance were taken and were sent to the Forensic Science laboratory, Government of NCT of Delhi for chemical analysis. By a report dated 25. 09. 2002, the Forensic Science Laboratory indicated that on chemical examination, the sample tested positive for the presence of diacetylmorphine. The sample received by the Forensic Science Laboratory was described as off white coloured powder stated to be smack weighing 5. 39 grams (with polythene ). During trial, on the directions of the trial court, the investigating officer sent another sample for its analysis with the specific request to indicate the percentage of diacetylmorphine. The Forensic Science Laboratory by its report dated 05. 05. 2004

Click Here to Read the rest of this document