(1.) The case of the respondent NCB, in nutshell, is as follows.
(2.) This is also the case of the complainant/respondent NCB that a notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') was served to both the above-referred persons and they were told that they could ask that the search be conducted in the presence of a Magistrate or a gazette officer, that being their legal right. Both the persons, however, stated that NCB officers could take their search and also wrote so on their respective notices. On search of the plastic bag in the hand of the person who was wearing kurta pajama and had light beard, namely, Krishan Kumar, solid black coloured slices were found, which on being tested with the help of field testing kit gave positive test for hashish/charas. On being weighed, it was found to be 10 kilograms. Two samples of 25 gms each were drawn from those slices and the remaining quantity of hashish was packed in the same plastic bag. The samples were put in two polythene bags, were stapled and then again put into white envelopes. Paper slips bearing signatures of the appellant and Krishan Kumar as well as panch witnesses and Shri H.K.Pandey, Intelligence Officer were pasted on the envelopes which were sealed with the seal of 'Narcotic Control Bureau DZU5'. The remaining quantity left in the white plastic bag was sealed with a plastic rope after affixing a cardboard on it. The cardboard had on it a paper slip signed by both the above-referred persons as well as by Shri H.K.Pandey and the panch witnesses.
(3.) When the NCB officers asked the appellant as to where he had kept the remaining quantity of drug, he stated that the same was lying at his village Kharkhari Jatmal Nazafgarh, Delhi. Thereupon, NCB officers decided to immediately raid the aforesaid house and requested the panch witnesses to accompany them. The panch witnesses agreed to their request.
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