TMI Blog2000 (1) TMI 995X X X X Extracts X X X X X X X X Extracts X X X X ..... . 7) was on petrol duty he received a secret information that two persons having poppy straw powder would be coming to Delhi via Old Yamuna Bridge. On this, information a raiding party was organized and a 'nakabandi' was conducted near the Flood Control Tower. At about 3.30 A.M. the appellant and his associate Kala son of Karam Chand Bhagat were spotted near the said tower. The appellant was apprehended on the spot. He was given the option of being searched before a Gazetted Officer or a Magistrate but he declined the offer. Thereafter the gunny bag, which the appellant was carrying, was searched and it was found to contain 5 plastic packets of poppy straw powder. Five samples of 10 gms. each were drawn up and the samples and the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SL Form was filled in on the spot and the sampled contraband along with the CFSL form were handed over to SHO Data Ram P.W. 5, who deposited them in the police malkhana. Head Constable Suresh Chander (P.W. 4) and ASI Babu Ram (P.W.6) also swear to the same effect. 5. It may be remarked that there are certain staggering circumstances which have shaken the foundation of the prosecution to an irreparable extent. The evidence of SI Dalbir Singh (P.W. 7) reveals that the Seizure Memo (Ex. P.W. 4/B) and the appellant's personal search Memo (Ex. P.W.4/D) and the rukka (Ex. P.W. 2/A) were prepared on the spot. The rukka Ex. P.W.2/A shows that the recovery of the contraband was made at 3.30 p.m. and the rukka was sent to the Police Station on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. It appears that no serious effort was made by the SI Dalbir Singh (P.W. 7) to associate any independent witness with the raiding party. The road leading to Yamuna bridge is a busy road and the alleged recovery must have been witnessed by many passers by. Strangely enough, the police could not find any independent witness to attest the search and seizure. 6. It is also worth mentioning that as per evidence of SI Dalbir Singh, personal search of the appellant was taken after service of the notice under Section 50 of the Act. Had it been a fact that the gunny bag containing the contraband was recovered from the possession of the accused, SI Dalbir Singh (P.W. 7) would not have failed to mention it in the search memo (Ex. P.W. 4/D). The s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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