The central legal point established in the judgment is the importance of ensuring the FSL form is duly sent with the sample for testing, and the adverse inference drawn against the prosecution in the event the FSL form was not proved to have been prepared and dispatched.

SURESH KAIT, J.

1. Instant appeal is being filed on behalf of appellant from Jail to assail the impugned judgment dated 26.08.2004 whereby learned Additional Sessions Judge, Special Court under NDPS Act, Delhi held guilty of the offence under Section 20 of the NDPS Act for possessing 9 KGs of charas in contravention of the Act; and vide order on sentence dated 28.08.2004, he was sentenced to undergo rigorous imprisonment for a period of ten years and fine of ` 1.00Lacs (Rupees One Lac only) under Section 20 (c) of NDPS Act.

2. The case of the prosecution in brief is that on 02.04.2003, ASI Ashok Kumar, HC Ayjaj Khjan, Ct. Ajay and Ct. Mahender were on patrolling duty and were present at East Passenger Hall, Old Delhi Railway Station. At about 09:00PM, secret information was received by ASI Ashok Kumar that a young man was standing at East Passenger Hall, near prepaid booth and was having cloth bag which contains charas and he was awaiting for somebody. If raid is conducted immediately, then he could be apprehended. This information was conveyed to other members of police party by ASI Ashok Kumar and he also requested 5 or 6 passengers and disclosed them the secret information and asked them to join the raiding party. One person namely, Mohd. Liyakat son of Irfan, r/o H. No.86, Gali No.9, Khajoori Khas, Delhi of his own free will came forward to join the raiding party. Without waiting further, ASI Ashok Kumar organised a raiding party of police officials and above named public person and the secret informer.

3. At about 09:15PM, secret informer pointed towards a young man who was standing near prepaid booth containing a cloth bag in his right hand. The said person on seeing the police party started walking. He was stopped by ASI Ashok Kumar and his name revealed as Sunil Chaudhary s/o Shri Jugal Prasad, r/o Mohalla Machali Bazar, Thana Sadar, District East Chambparan, Bihar. The said ASI told him that as per his information, he was having charas in his possession. He also informed that he was within his legal right to give his search before a gazetted officer or Magistrate by calling them at the spot or he could be produced before them. Accordingly, notice under Section 50 NDPS Act was given the appellant. He refused to be searched before a Magistrate or gazetted officer. In the meanwhile, at about 09:30PM, SHO, Jai Kishan, Railway Main Delhi also reached at the spot and ASI Ashok Kumar briefed him. ASI offered the search of the raiding party to the appellant, who refused the same. However, ASI gave his search to Ct. Ayjaj Khan, but nothing incriminating was recovered.

4. In the presence of all the members of raiding party, above named persons, ASI and SHO took the search of the bag of the appellant and on checking the same, charas was found in white plastic. On weighing, it came out 9 KGs. Out of which, 1 KGs was separated as sample and the remaining charas were converted into pullands. FSL form was filled up. Seals of AP and JK were affixed on both the pullands. Thereafter, both the pullands and FSL form and copy of seizure memo were handed over to SHO Jai Kishan who took the same to the police station for depositing the same into Malkhana. Rukka was prepared at the spot and was sent to the police station through Ct. Mahender. On the basis of the said rukka, instant case FIR was registered.

5. Further investigations were handed over to SI Arjun Singh, who reached at the spot. ASI Ashok Kumar handed over the documents prepared by him as well as appellant to SI Arjun Singh, who in turn prepared the site plan Ex.PW7/A and also recorded statement of ASI. SI Arjun Singh received the copy of FIR through Ct. Mahender. Thereafter, he arrested the appellant vide memo Ex.PW3/B and his personal search was conducted vide memo Ex.PW3/C.

6. Sample parcel alongwith FSL form were sent to FSL, Malviya Nagar, Delhi vide RC No.7/21 and on further investigation, it culminated into filing of charge-sheet against the appellant.

7. After