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35. The samples which were taken from the house of appellant- Ajijur Rehman were sent to FSL the samples were weighing 5 gms. each, the samples received in the Laboratory weighed 5 gm, (13 of 16) [CRLA-892/2013] 5.5 gm, 7.2 gm, 4.9 gm and 4.8 gm. Out of the samples drawn from the Car two samples of 10 gms of Methaqualone/ Diazepam were sent by Test memo Ex.P-86, the weight as received at Laboratory was 7.7 and 8.4 gms. Sealed envelop containing samples of Methaqualone/ Diazepam weighing 10 gms. got reduced to 7.3 gms when it reached the Laboratory. Thus, there was increase and decrease in the weight of the samples. Prosecution has failed to adduce any evidence to justify the change in weight including reduction and increase in weight of the samples. Reduction and increase in weight creates doubt in the proceedings conducted by the Officers of NCB. Learned Court below has mentioned that there was reduction in weight by only .1 gm., which fact is contrary to record. The Court below has failed to refer to the Ex.P-74 and Ex.P-84 where increase and reduction in weight by more than 2 gms. is specifically mentioned. Chances of changing the samples cannot be ruled out as the samples were dispatched on 15.7.2003 but were received in the Laboratory on 17.7.2003. There is no evidence that the samples were kept in safe custody for these two days. The chances of seals being used by the Investigating Officer cannot be ruled out as the seals were kept by the Investigating Officer and were not destroyed or deposited with the Malkhana.

39. Narcotic Control Bureau is constituted for controlling drug trafficking and the Officers posted therein are presumed to know the law and to apply the law strictly. Sending intimation of arrest to relative of the accused and preparing the arrest memo thereafter with the purpose of showing that the statements under Section 67 of the NDPS Act were recorded prior to arrest, preparing of office order mentioning therein that Ajijur Rehman has given statement with regard to selling of heroin to Roop Kumar and his associates is not tallying with the statements of Ajijur Rehman. Fact of selling heroin to Roop Kumar appears for the first time in the statements recorded between 7.30 a.m. to 12.30 p.m. when Ajijur Rehman was in custody on 13.7.2003 constituting a team between 00.00 to 00.15 a.m. on 13.7.2003 is thus based on factually incorrect ground, the fact that statement of Ajijur Rehman was recorded while he was in custody as is evident from the intimation sent to his wife after his arrest, fact that the samples remained with the Seizure Officer for three days, fact that there was reduction and increase in weight of samples within few days of the seizure, fact that the seals were not deposited in Malkhana, all pin point to the faulty investigation conducted by NCB. In addition there is non-compliance of provisions of of NDPS Act, in totality, prosecution has not been able to prove the offence beyond reasonable doubt and accordingly the judgments and orders deserve to be and are quashed and set set aside.