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V.K. JAIN, J. (Oral) On 05.05.2011, at about 8.45 am, SI Satyavan of Narcotics Cell received a secret information that a person, namely Ashraf Khan, a resident of Bareilly, who was engaged in a business of supplying heroin in Delhi, would come near Sulabh Sauchalay, Metro Station Rohini between 10.30 am to 11.30 am to supply heroin. The secret informer was produced before Inspector Vivek Pathak of the Narcotic Cell and the concerned ACP Shri Bir Singh was informed on telephone at his resident. The ACP directed a raiding party to be organized, whereupon the information was recorded by way of a DD entry and the raiding party headed by Sub-Inspector Satyavan reached near East Metro Station Rohini in a private car. On the way, they requested some passerby to join the raiding party, but no one agreed to join the said party. At about 10.30 am, the appellant Ashraf Khan came near Sulabh Sauchalay and stood waiting for someone to come. After 5-6 minutes, Ashraf Khan started moving towards the Metro Station, whereupon he was apprehended and was informed that the police team had a secret information that he was supplying heroin in Delhi and wanted to search him. He was informed that it was his legal right to be searched in the presence of a Gazetted officer or a Magistrate and he could also search the police team and the vehicle in which the said team had come. However, the appellant declined to be searched in the presence of a Magistrate or a Gazetted officer. Thereupon, he was searched by the Sub-Inspector and 275 gram of heroin, which had kept in a polythene bag, was recovered from the right side pocket of his pant. Two samples of 5 gram each were drawn from the substance using an electronic balance for the purpose. The samples as well as residual substance were sealed with the seal of 7B PS NB Delhi after preparing separate parcels and the seal after use was given to Head Constable Om Prakash. FSL form was also filled on the spot and the aforesaid seal was also affixed on the form. The samples, residual substance as well as the FSL form were handed over to Inspector Kuldeep Singh, after reaching the office of Crime Branch. The appellant was also produced before Inspector Vivek Pathak of Narcotic Cell. The seizure reports were sent to the senior officers through Inspector Vivek Pathak. When the sample was examined in FSL, it was found to contain Diacetylmorphine, Phenobarbital, Paracetamol and Caffeine with percentage of Diacetylmorphine as 15.3.