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2017 (12) TMI 618 - HC - Indian LawsOffence under sections 8/21 of the NDPS Act - Held that:- The prosecution has been able to prove on the basis of evidence on record of two eye-witnesses i.e. PW 1 and PW 3 that the accused was arrested on 10/4/2011 at 6.00 AM in front of Maduwadih station near SBI ATM just before Hanuman temple because of his suspicious conduct and when he disclosed that he had illegal heroin, the police party apprised him that he had a right to be searched before Magistrate/Gazetted Officer if he so wanted, in compliance with section 50 of NDPS Act, but he declined and gave a written consent to be searched by the police party itself. Thereafter illegal heroin weighing 350 grams was recovered from the bag carried by him, for which he was not having any license to possess. The recovered contraband (heroin) was sealed on the spot and a sample of seal was also prepared. Recovery memo was also prepared on the spot. Whereafter PW 2 registered F.I.R. against him under section 8/21 of NDPS Act at PS Maduwadih the same day i.e. on 10/4/2011 at 7:30 AM as Case Crime No. 93 of 2011, when the accused along with the recovered contraband in sealed condition was brought to the police station by the police party. PW 5 had taken 2 dockets of the recovered contraband and sample seal on 19/4/2011 to Circle Officer's office and on the copies of both these dockets the Circle Officer obtained his 3 signatures each and verified/attested them. Thereafter 2 copies of dockets of contraband and sample of seal were taken by him to Forensic Science Lab, Ram Nagar, Varanasi and the same were handed over to them. The Forensic Science Lab sent its report dated 4/5/2011, admissible under section 293 Cr. P.C. which states that a bundle wrapped in cloth bearing sample seal was received by them on 19/4/2011 which contained suspected heroin weighing 347.20 grams in a polythene bag (difference in weight may have been due to weighing machine), which after being tested was found to be heroin. The Investigating Officer (PW 4) has drawn the site plan at the instance of first informant who submitted charge-sheet against accused after taking the entire evidence on record into consideration. No material contradictions are found in the statements of witnesses. Therefore no substance is found in appeal.
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