Indermeet Kaur, J.:-

1. On 4th November, 1983 SI Chander Prakash, PW-7 alongwith SI Kanta Prasad PW-6, Jagbir Singh PW-4, Constable Om Prakash and other members of the raiding party were patrolling in the area of Lajpat Nagar. At about 4 PM, secret information was received that at about 5 PM some persons peddling in heroin, a contraband and a dangerous drug under the provisions of the Dangerous Drugs Act, 1930, would be supplying heroin near the Bangla Desh Chansri. Raiding party was organized.

2. At 5.05 PM scooter No. DEQ 7815 driven by Bahadur Singh of which Kuldeep Singh was the pillion rider came from the side of Moolchand. Simultaneously, a motorcycle number 9416 was also seen coming which was driven by the petitioner Hari Singh; the pillion rider was Purshottam. The petitioner Hari Singh took out a packet from the basket of his motorcycle and gave it to his co-accused Purshottam. On the signal of the secret informer all the accused persons i.e. Kuldeep, Bahadur Singh and Purshottam were apprehended. Hari Singh, however, managed to flee. He was arrested subsequently i.e. three days later on 7/11/83. From the possession of the co-accused Purshottam one packet containing 1 kg. of heroin was recovered. FIR No. 539/83 was registered pursuant to the aforesaid recovery.

3. Another FIR i.e FIR No.538/83 was registered against the other two persons, namely, Kuldeep and Bahadur Singh who were the driver and pillion rider of the scooter No. DEQ 7815. Separate recovery was effected from those persons.

4. The heroin recovered from co-accused Purshottam was seized and sealed. The investigating officer of this case is Chander Prakash PW-7. He has on oath deposed that a packet was found wrapped in a khaki paper. 10 gram of heroin was taken out as a sample and the remaining heroin was seized; two separate pullandas were made and sealed with the seal of KPS and the seal after use was handed over to SI Jagbir Singh. The recovery memo is Ex. PW-4/A.

5. SI Jagbir Singh examined as PW-4 has corroborated this version of PW-7 and has deposed that the seal after use was handed over to him.

6. SI Kanta Prasad was examined as PW-6. He has deposed that his seal had been affixed on the sample parcel as also on the remaining contraband. Form CFSL was also filled.

7. The two sealed pullandas were deposited with MHCM HC Shiv Lal examined as Pw-3. He has deposed that on 4/11/83 SI Kanta Prasad of the Special Staff has deposited one bag and two packets with him. These packets were sealed with the seal of KPS and entry to the said effect was made in register no. 19; said entry is Ex.PW-3/A. His testimony is silent on the deposit of the CFSL form.

8. The sample packet was thereafter taken to the CFSL through Vijay Pal PW-1. PW-1 had deposed that on 29/11/83 he was posted at the Special staff south district Lajpat Nagar. On that day he received a sample parcel duly sealed from the MHCM HC Shiv Lal which was deposited by him on the same day in an intact condition in the office of CFSL; nobody tampered with the seal as long it remained in his custody. In his cross-examination Pw-1 has stated that there was only one seal on the pullanda, it was sealed with the seal of IO Chander Prakash.

9. It is this version of PW-1 which has been brought forth as an argument by the learned defence counsel to substantiate his submission that the possibility of the tampering of the sample cannot be excluded. PW-1 has deposed that the sealed sample packet which he had taken from PW-3 to deposit in the CFSL bore the seal of IO Chander Prakash. This version of PW-1 is clearly in contrast with the version as set up by the prosecution and as has been testified by the PW-3,PW-4, PW-6 and PW-7 all of whom have stated that sealed sample bore the seal of KPS. It is argued that the sample which had been seized from the spot had the seal of KPS but the sample which had been sent to the CFSL and analyzed by the scientific expert was a sample which bore the seal of Chander Prakash. It has thus not

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