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9. Upon hearing the rival contentions of the parties at length, evidence led is being examined.

10. PW 3 ASI Joginder Singh in his statement stated that on 8th September, 1998 while he was posted at Police Station New Delhi Railway Station, he received a secret information to the effect that a person having smack, would come to bushes about 100 yards away from platform no.12, New Delhi Railway Station and the same was reduced to writing in daily diary at serial number 46-B. PW 3 brought this information to the knowledge of PW 5 Inspt.Rajender Singh, SHO, who directed for conducting raid. This witness, thereafter, organised a raiding team constituting of himself; PW 2 HC Vinod; PW 1 Ct.Amar Singh & Ct.Balvinder Singh and that the raiding team along with the informer reached the spot. This witness had a kit for investigation which he kept at a pan stall. Thereafter, at the pointing out of the informer, the accused Kanwar Pal@Mama was apprehended at about 1.35 p.m. from the bushes at about 100 yards away from platform no.12, New Delhi Railway Station. This witness further stated that he requested four to five passersby to join them upon which one public person namely Niyaz Ahmad joined him. PW 3 further informed the accused that he had a right to be searched either before a Gazetted Officer or a Magistrate to which the accused person refused and the same was marked as Ex.PW 1/B bearing signature at point 'A'. Thereafter, notice (Ex.PW 1/A) under Section 50 of the NDPS Act was served upon him. Thereafter, PW 3 effected search of the accused upon which a polythene packet was recovered from the right side pocket of the wearing pant of the accused. This packet contained a bigger paper packet and ten small packets which all were found to contain contraband i.e. smack weighing five gram. Out of the five grams smack recovered, one gram was taken as a sample which was kept in a piece of paper while the rest was kept in the paper of the larger packets along with ten papers. This witness stated that the sample packet was sealed with the seal of JSC which was kept in a cloth parcel; CFSL form was filled in on the spot which was sealed with the seal of JSC; case property was taken into possession vide memo Ex.PW 1/C; rukka (Ex.PW 3/A) was prepared by this witness and that CFSL form along with rukka, two parcels and copy of the seizure memo were handed over to PW 1 Ct.Amar Singh to be given to PW 5 Inspt.Rajender Singh. Thereafter, the accused was formally arrested (vide arrest memo Ex.PW 3/C) and his personal search was taken vide memo Ex.PW 3/C. PW 3 prepared inspection memo (Ex.PW 3/D); arrest memo (Ex.PW 3/C); special report (Ex.PW 3/E) sent to the ACP through PW 5 Inspt.Rajender Singh, SHO and sample was sent to CFSL thereafter.

11. PW 1 Ct.Amar Singh in his statement stated that while posted at Police Station Railway Station, on 8th September, 1998, PW 3 ASI Joginder Singh, had received a secret information regarding possession of contraband with the accused on the basis of which the investigating officer joined him. This witness corroborated and testified the statement of PW 3 Joginder Singh with regard to joining the public witness i.e. Niyaz Ahmed; apprehension of the accused Kanwar Pal@Mama; service of notice under Section 50 of the NDPS Act; recovery of polythene from the right side pocket containing five gram of smack and sealing and sending of the sample smack to the CFSL. This witness stated that both the seal parcel and CFSL form bore his signature at point 'A'. This witness further stated that rukka along with sealed parcel and CFSL form, were handed over to him which he produced to PW 5 Inspt.Rajinder Singh, SHO who sealed the same with the seal of RS. This witness, after getting the case registered, returned to the spot. PW 1 further stated that the accused was formally arrested vide Ex.PW 1/D which bore his signature at point 'A'.

13. PW 5 Inspt.Rajender Singh in his statement stated that while posted as SHO, Police Station New Delhi Railway Station, on 8th September, 1998 at about 12.35 p.m., he received information from PW 3 ASI Joginder Singh to the effect that a man aged about thirty years having wheatish complexion, sitting in front of bushes hundred yards away from platform no.12 on Nizamuddin side, would be selling smack to the pick-pocketers upon which he directed him to take legal action. This witness further stated that at about 3.45 p.m., PW 1 Ct.Amar Singh brought two sealed parcels sealed with the seal of JSC along with CFSL form and handed it over to him and that after satisfying himself, this witness put his own seal of RS on both the pulandas and CFSL form who in turn, deposited the same along with seizure memo in malkhana and recorded DD No.20-A copy whereof was marked as Ex.PW 5/A in his own handwriting.

16. PW 7 HC Ashok Kumar in his statement stated that on 8th September, 1998, while posted as MHC(M) at Police Station NDRS, he deposited in Malkhana two sealed parcels and CFSL form which were duly sealed with the seal of RS and JSC and that this witness made entry in Ex.PW 7/A. This witness further stated that on the same date, PW 3 ASI Joginder Singh deposited articles of personal search i.e. Rs.150/- cash regarding which he made entry at serial no.24222 (Ex.PW 7/B). PW 7 stated that on 25th September, 1998, forwarding letter along with sample parcel and CFSL form were sent to CFSL, Chandigarh by PW 8 Ct.Ramsaran (RC No.71/21) entry whereof was made in register no.19.