INDERMEET KAUR, J.

1. On 17.4.2001 at about 9.30 AM pursuant to a secret information dated 16.04.2001 Ex. PW12/A received by A. K. Prasad PW-12 the officers of the Directorate of Revenue Intelligence, Headquarters, New Delhi (hereinafter referred to as the DRI) intercepted two cars bearing registration No.DL-3CQ-4785, a silver grey coloured Matiz car and DL-9C-3785 a white coloured Maruti car at the National Highway No.8, opposite Shiv Temple, Delhi-Gurgaon Road, Delhi. The occupant of the Maruti car introduced himself as Vimal Kumar Bahl and the occupant of the Matiz car introduced himself as Surender Raj Singh. The said cars were being driven by the said respective persons.

2. Investigative team was headed by P.R.Lakra PW-4 and joined by D.P.Saxena PW-2 and Sudhir Puthran PW-3. The DRI officials informed the apprehended persons that they were to be searched and if they so wished they have a right of getting their search effected either in the presence of a gazetted officer or a Magistrate. Notice under Section 50 of the Narcotic Drug and Psychotropic Substance Act, 1985 (hereinafter referred to as the NDPS Act) was served upon each of the two apprehended persons. The said notice served upon Vimal Kumar Bahl is Ex.PW-2/B and that served upon Surinder Raj Singh is Ex.PW-2/C. Both the persons declined this request and their endorsements appear at point B-1 to B-1 and C-1 to C-1 of Ex.PW-2/B and Ex.PW-2/C respectively. These documents were witnessed by the Panchas i.e. PW Ashok Kumar and PW Rajesh Kumar.

3. The white Maruti vehicle was rummaged first; from the dickey of the said vehicle one blue coloured check canvas bag was recovered; on opening the same it was found to contain 17 packets containing a white substance. The registration certificate of the vehicle evidencing the ownership of Rajesh Pandoh was also seized. Nothing incriminating was recovered from the silver grey Matiz car. Registration certificate of the vehicle evidenced its ownership in the name of Urmil Guaba wife of Surinder Raj Singh was seized.

4. Personal search of both the apprehended persons was conducted vide memos Ex. PW2/F and Ex. PW2/G.

5. The blue coloured check canvas bag was examined which was found to contain 17 packets in all. They were marked as X-1 to X-15, Y-1 and Z-1. The field test kit opined that the powder contained in the said packets had tested positive for heroin; the total weight of the packets was 17.504 kgs. Four samples of 10 gms. each were drawn in duplicate from all the 17 packets; this was after mixing the contents of X-1 to X-10 and thereafter the mixing of the contents of X-11 to X-15, Y1 & Z1; remaining contraband as also the seized samples were sealed in khaki envelops sealed with the DRI seal no.10 on papers slips affixed on each packet bearing the signatures of the public witnesses, both the accused as also the signatures of the complainant.

6. Panchnama Ex.PW-2/D was drawn running into 13 pages; each page having been signed by the Panch witnesses i.e. Ashok Kumar and Rajesh Kumar as also the complainant D.P.Saxena PW-2 and both the accused persons.

7. Statement of Vimal Kumar Bahl Ex.PW-1/B was recorded under Section 67 of the NDPS Act by Ms.Sanyogita Mishra PW-1. This statement is in the handwriting of Vimal Kumar Bahl and is running into seven pages. Statement of Surinder Raj Singh Ex. PW3/B was also recorded under Section 67 of the NDPS Act by Sudhir Puthran PW3 and this statement is also in the handwriting of Surinder Raj Singh running into six pages.

8. Accused persons were arrested at 23.50 hours on 17.4.2001 vide arrest memos Ex.PW1/G & Ex.PW1/H and the grounds of arrest were explained to them by PW-2. Compliance of Section 57 of the NDPS Act i.e. the report of the arrest and seizure by PW-2 to his senior officer was made vide document Ex.PW-1/G.

9. Mahavir Prasad PW-10 was the incharge of the godown of valuables at the New Customs House and the trunk containing the contraband was kept in his custody on 18.4.