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Patna High Court CR. APP (DB) No.1139 of 2016 dt.06-05-2022

(f). Thereafter, P.W.5 Aditya Ranjan had seized the contraband at about 11.15 P.M. of 20.02.2014 vide Seizure Memo (Ext.4). On 21.02.2014, he sent report (Ext. 34) under Section 57 of the N.D.P.S. Act of arrest and seizure to the Deputy Director, D.R.I., Patna. On 20.02.2014 vide communication at Ext.11, P.W.5 Aditya Ranjan, Intelligence Officer, sent the samples marked as 'A-1', 'B-1' and 'C-1' to the Chemical Analyzer of the Joint Director Chemical Laboratory, Kolkata, through the Special Messanger. The Chemical Analyzer vide his report (Ext.12) dated 08.08.2014 confirmed the fact that the three samples which were in the form of brown colour powder tested positive for presence of Heroin, Morphine, 6- Monoacetyl Morphine and Codeiane. P.W.5 Aditya Ranjan then sent a request letter (Ex.29) for certifying the inventory. Accordingly, on 26.03.2014, Sri Upendra Kumar, the learned Judicial Magistrate certified the inventory as per the provisions of Section 52-A of the N.D.P.S. Act by recording that packets marked as 'A', 'B' and 'C' were respectively weighing 605 grams, 603 grams and 605 grams totaling to 1.813 kilograms (gross weight). The learned Judicial Magistrate then drew two samples from each packet which were marked as 'A', 'B' and 'C'. Those two samples drawn by him were marked as Patna High Court CR. APP (DB) No.1139 of 2016 dt.06-05-2022 'A-3', 'A-4', 'B-3', 'B-4'and 'C-3' 'C-4'. Samples, the packets of which were marked as 'A-3', 'B-3' and 'C-3' by the learned Judicial Magistrate, First Class, were handed over by him to the Inspector of Godown, Customs, whereas the samples, which were marked as 'A-4', 'B-4' and 'C-4' from the respective packets, were kept by the learned Judicial Magistrate, First Class, for producing the same before the learned Special Court, Patna. The learned Judicial Magistrate, First Class, then issued the necessary certificate (Ext.30) certifying the inventory.

6. 12 Report of chemical analysis of samples 'A-1', 'B-1''C-1' mentioning presence of Heroin, Morphine, 6-Monoacetyl Morphine and Codeiance.

7. 13 Statement of accused Md. Jamir under Section 67 of the N.D.P.S. Act.

8. 14 Statement of accused Md. Furkan under Section 67 of the N.D.P.S. Act.

8. In cross examination, P.W.5 Aditya Ranjan has confrmed that recorded secret information was produced by him before the Deputy Director. He accepted the fact that Arrest Memos are not bearing the signatures of members of the team. He reiterated that Heroin was detected in the packets held by the accused persons when they were tested by the field testing kit. He admitted that in the chemical analysis of the seized substance, percentage of Morphine is not mentioned. He denied that by exerting pressure, signature of accused persons was taken on option given to them under Section 50 of the N.D.P.S. Patna High Court CR. APP (DB) No.1139 of 2016 dt.06-05-2022 Act. He denied that because of quarrel with the accused at the counter of the Hotel, they are falsely implicated in the instant case. This is what is the evidence of complainant Aditya Ranjan.

(XIV). Vide report dated 08.08.2014, the Chemical Analyzer reported that on the basis of the chemical and chromatographic examination it is inferred that each samples answers positive tests for presence of Heroin, Morphine, 6- Monoacetyl Morphine and Codeiane.

(XV). P.W.5 Aditya Ranjan vide Request Letter (Ext.29) requested for certification of inventory to the Sessions Patna High Court CR. APP (DB) No.1139 of 2016 dt.06-05-2022 Judge, Patna and vide Certificate (Ext.30), the Judicial Magistrate certified that he checked three packets marked 'A', 'B' and 'C' weighing 605 grams, 603 grams and 605 grams and drew two samples from each packet 'A', 'B' and 'C'. Those samples were packed and marked as 'A-3 A-4', 'B-3 B-4' and 'C-3, C-4' respectively. Samples in envelopes 'A-3' , 'B-3' and 'C-3' were handed over to the Inspector of Godown whereas remaining three samples were retained for production before the court by him.