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TMI Blog2003 (1) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 at 3 p.m. near Dhansa Bus Stand, Najafgarh, New Delhi. This information was registered in the office of CBI and the case was entrusted to Deputy Superintendent of Police, Mehar Singh. On 22nd May, 1993 the secret informer again contacted the Deputy Superintendent of Police and confirmed the information. Accordingly, Deputy Superintendent of Police, Mehar Singh discussed the matter with the S.P. and a raiding party was organised under the supervision of Mehar Singh which consisted of the following persons : Mr. Dilbagh Singh, Mr. Phool Kumar, Mr. Jagdish Chand, Mr. Jaibir Singh, Mr. Rajinder Saxena and Mr. Ajay Singh The raiding party reached the spot at about 2 p.m. After parking the vehicle at a safe place, a nakabandi was@@ orga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat each slab was approximately 250 grams and the total weight of the Charas came to be 5 Kg. Thereafter, two representative samples each weighing "about 50 grams" were drawn out in two small polythene bags. These bags were sealed with the CBI seal bearing impression JS/4 and were marked A-1 & A-2. The independent witnesses, Dy. Superintendent of Police and the other persons signed thereon. The remaining Charas was kept back in the white cloth bag which was also sealed and marked as 'A'. The trial Court, after considering the evidence and relevant material, convicted the respondent under Section 20(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 and sentenced him to 10 years rigrous imprisonment and a fine of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S Act was applicable, in our view, the requirements of Section 50 of the N.D.P.S. Act had been fully complied with. Both PW1 (who was an independent witness) as well as PW3 have deposed that they had informed the accused that if he so desired, he could be examined in the presence of a Gazetted Officer or in the presence of a Magistrate. It has been held by a Constitution Bench of this Court in the case of State of Punjab vs. Baldev Singh reported in 1999 (6) SCC 172 that such information need not be in writing. It has been held that orally conveying such information is sufficient. It has also been held in the case of Krishan Mohar Singh Dugal vs State of Goa reported in 1999 (8) SCC 552 as well as in the case of Sajan Abraham vs.State of Ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, were sent to Malkhana. PW5, i.e. ASI Ram Kumar, deposed that he was incharge of the Malkhana. He deposed that he had received the samples in a sealed condition and they remained with him in the sealed condition. He has deposed that one of the samples was given by him to ASI B.K.Sharma to be taken to the chemical analyser alongwith a forwarding letter. ASI B.K.Sharma was examined as PW4. He deposed that he received the sample in a sealed condition and that he delivered the sample to the chemical analyser. He deposed that the while sample was in his possession it was not tampered with. The chemical analyser was examined as PW2. He deposed that he received the sample with the seal intact alongwith the forwarding letter. The forwarding lett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een seized. Thus on facts the accused had been acquitted. This case has no relevance. In the present case, it has been proved by evidence that what was seized was properly sealed and stored and that the same was sent to the chemical analyser in a sealed condition. Reliance was also placed on the case of Jasbir Singh vs. State of Punjab (JT 1998 (2) SC 292). In this case also there was lack of evidence. It was not proved that seized article was sealed and/or the same had been sent. Thus the benefit of doubt was given to the accused. Such cases can be of no assistance to the respondent. It was next urged that in view of difference in weight, this Court should give benefit of doubt to the respondent. It was urged that difference in weight sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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