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2. The case of the prosecution is that on 19th December, 1999 Head Constable (HC) Rajinder Singh, Constables Sarvjeet, Ashok Kumar and Ajit Singh were searching the passersby near Tejab Mill, Bhola Nath Nagar, Shahdara. At about 3.35 p.m. one person (the appellant) came from the side of the Railway Bridge, Subji Mandi, Shahdara and on seeing the police, the appellant stated to have turned around and started walking briskly. Upon being asked to stop, the appellant started running. His apprehension and search led to the recovery of one black coloured packet from the right side pocket of the kurta worn by him. Inside the said packet was a smaller white coloured packet which contained a brown coloured powder which was suspected to be smack. It is stated that the HC Rajinder Singh then sent an intimation to the Police Station Farash Bazar about the recovery. Sub Inspector (SI) B.D. Sharma reached the spot and HC Rajinder Singh handed over to SI the accused as well as the recovered substance. In the meantime, the SHO Farash Bazar also reached there and the SI produced before him the recovered smack. According to the prosecution, the smack was weighed at the spot and was found to be 300 gm out of which a sample of 50 gms was separated. The Central Forensic Sciences Laboratory (CFSL) Form was filled up and both the pulandas and CFSL Form were sealed by the IO and SHO with their respective seals. A sample packet was then sent to the CFSL for testing. A report was received from the CFSL which stated that the sample tested positive for smack.

10. Turning to the facts of the present case, the sample was collected on 19th December 1999. PW 1 Constable Sarbjeet Singh states as to what happened at that time which reads as under:

2. HC Rajinder Singh gave information to the police station Farash Bazar by telephone and after sometime SI B.D. Sharma came at the spot. SHO PS Farash Bazar Aushotosh Chatterjee also arrived at the spot. Smack was weighed by SI B.D. Sharma with the help of HC Rajinder Singh and it was found to be 300 grms. 50 grms.smack was separated as sample and it was kept in a separate polythene. Remaining smack was kept in the same polythene. Form CFSL was filled at the spot. SI B.D. Shama affixed his seal on both the pulandas and form CFSL Form. I.O affixed the seal BDS on both the pulandas and CFSL Form. I.O gave his seal, after use, to me while SHO kept his seal with him. Case property was kept by the SHO in his possession. Some papers were prepared. I was standing with the accused. Recovery memo Ex.PW1/A bears my signatures at point A.

11. The above examination took place on 14th July, 2000. On 23rd November, 2000 this witness was recalled and further examined in chief. The entire deposition on this date is important, and therefore is set out in toto as under: PW1 Constable Sarbjeet Singh No. 1254E, PS Farash Bazar, Recalled for further examination in chief. on SA

1. On 1.3.2000 also I had taken one sealed parcel and CFSL Form sealed with the seals of the SHO and the I.O i.e. of BDS and AC from Moharrar Malkhana, vide road certificate (the number of which I do not remember) for depositing the same at CFSL, Chandigarh. But the officials of Laboratory at Chandigarh declined to accept the signatures because the forwarding letter did not have the signatures of the DCP thereon.

XXXXXX by Sh.M.P.Singh Adv.

4. The same items were taken by me to Chandigarh which I later on taken to Malviya nagar. On both the occasions I carried a road certificate. I had tallied the items with the R/C. I received a message from Duty Officer that I have to appear in this Court today but I did not know for what purpose I was called. It is wrong to suggest that today I have given statement at the suggestion of APP or that actually I did not know remember anything. I have seen Ex.PW8/B. It is the photocopy of CFSL Form which I had taken Along with the sample. Ex.PW8/B was taken by me to FSL, Malviya Nagar. I do not recollect if the CFSL Form taken by me to Chandigarh was the same which was taken by me to Malviya Nagar. It is correct that Chandigarh was written on the said Form at the place where Malviya Nagar is printed at point A on Ex. PW8/B. My signatures were not obtained in register No19.