MOBIN FATHUBHAI MULANI Vs. N C B

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Special Judge, New Delhi in Sessions Case No. 90/96 under Sections 21,22, 28 & 29 of the NDPS Act. The brief facts necessary to dispose of this appeal are recapitulated as under.

(2.) In the instant case, the complaint has been filed by the Narcotic Control Bureau against the appellant on the basis of the secret information received by the Bureau on 22.6.1996. The appellant was apprehended on 22.6.1996 at the Custom Departure Hall, I.G.I. Airport, New Delhi while he was proceeding to Singapore.

(3.) Admittedly, the raiding party comprised of D.C. Mishra-PW 4, Shahid Hassan-PW 1 and the two public witnesses namely Mohan Singh and Bishan Singh. On search, some brown powder was recovered. Out of the recovered substance, two representative samples of five grams each were drawn and kept in two envelops marked as A-1 and A-2. The envelopes were sealed with the paper slips and with the seals of NCB 08. The samples were sent to CRCL for testing throughpublic witness 6 alongwith a forwarding letter Ex.public witness 3/D. It tested the sample positive for heroin/ diacytel morphine.