1988 (12) TMI 344

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....d Psychotropic Substances Act (for short 'NDPS Act') vide judgment dated March 18, 1987 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. l,00,000.00 (one lakh) vide subsequent order of the same date by an Additional Sessions Judge, Delhi, has filed this appeal from jail. The appellant was not in a position to engage any counsel and thus, Ms. ....

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....were sealed with the seals of the Investigating Officer as well as of the S.H.O. The seizure memo Ex PW3/A was prepared and then Rukka Ex. PW1 A was sent, on the basis of which a case registered. The parcel containing the remaining heroin weighing 290 gms was exhibited as Pi but at the time the case property was brought in the trial Court it was found that it did not bear any seals. The sample was....

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....tion 50 of the Ndps Act had not been complied with inasmuch as no option was given to the appellant that his search may be taken in presence of gazetted officer/ magistrate. I have gone through the Fir of the case as well as the statements of the aforesaid witnesses and find that in this case no offer was made to the appellant that he could be brought before any gazetted officer or magistrate for ....

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....o reasons are given for not complying with the requisite provisions preceding the recovery then lingering doubt does arise regarding the genuineness of the recovery. In this case, particularly it has come out that the police had not bothered even to preserve the case property in a proper manner because the parcel containing the heroin, allegedly recovered from the appellant, when brought before th....