B. S. KAPADIA, M. B. SHAH, J.

( 1 ) THE present appeal is directed against the order of conviction under Sec. 20 (b) (II) of the Narcotic Drugs and Psychot- ropic Substances Act and the sentence to each of the two accused is R. I. for 10 years and fine of Rs. 1 0 0 and in default to pay fine further R. I. for six months passed by the learned Addl. Sessions Judge Surat on 21/09/1988 in Sessions Case No. 92 of 1988.

( 2 ) THE facts of the case in short are as under :2. 1/02/1988 when Police Inspector Shri V. N. Desai was in his D. C. B. Office he received secret information to the effect that one Aslam Ibrahim residing at Chowk Bazar Madariwad was doing business of Charas and that on that day in the evening a big quantity was to be received. At that time Deputy Commissioner of Police Shri Gahlot and Police Sub-Inspectors Shri Vyas Shri Sevale and Shri Valvi were also present. Accordingly two Panchas were called and they were also made to understand about the raid and they went in rickshaw to Chowk Bazar and were separately keeping watch. At about 23. 15 hours both the present appellants came from Saiyadpura Four Roads and they were coming towards Madariwad through the main road. At that time they were accosted and on enquiry accused No. 1 disclosed his name as Aslam Ibrahim. He had with him a plastic bag of blue colour wherein there was one steel container in which five packets wrapped in newspaper were found. On examining the packets it was found that in four packets there were four lumps of Charas and in the fifth packet there were four lumps of small and big size. On smelling it it was found to be Charas. On searching person of Aslam Rs. 100. 00 were found. Immediately thereafter the other accused-Ibrahim Mustafa was also searched and from his pants pocket 18 plastic packets containing pieces of Charas were found and an amount of Rs. 79. 50 was also found. All the said pieces were brought out and on smelling it was found to be Charas. 2. 2 Thereafter the house of Aslam was searched and from there a small tin box containing a small plastic box was found. In the said plastic box there were seven weights viz. one of 50 grams three of 20 grams one of 10 grams and one of 5 grams and a small scale was also found along with a stapler and three boxes of pin. 2. 3 The aforesaid four lumps were weighed and each of them found to be of 240 grams and the other four lumps were also weighed and the same found to be of 440 grams. Similarly the quantity of Charas recovered from Ibrahim Mustafa was also weighed and it was found to be of 30 grams. Sample was collected from each lump of Charas recovered from Aslam and it was about 50 grams. Similarly the quantity of Charas i. e. 18 pieces recovered from Ibrahim Mustafa was also packed separately. The said samples were also then packed and the signature of the Pancha along with the wax seal of Police Inspector D. C. B. was applied and after making the Panchnama the said mudda- mal was seized and thereafter the Chemical Analysis Report was also filed. Thereafter the crime was registered against the accused and after completing the investigation the chargesheet was filed and the accused were tried for the said offence. The learned Judge after carefully scrutinising the evidence of the prosecution witnesses has passed the aforesaid order of conviction and sentence.

( 3 ) IN this case after receiving the records Mr. E E. Saiyed learned Advocate for the appellants argued before us at length by making profuse use of evidence on record and raised various points. 3. 1 The first point that Mr. Saiyed has raised is that the seal of D. C. B. which was affixed on the forwarding letter to the Forensic Science Laboratory is not legible. We have perused the same today. Since it is handled in the trial Court by number of hands the seal is in the broken condition. However the question is whether at the time when the samples of muddamal were sent to the Chemical Analyser of the Forensic Science Laboratory the seal

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