State vs . 1. Major Singh on 1 April, 2011
15 The manner of taking sample is also not appropriate. From
the possession of accused Major Singh, ten packets were recovered
and each packet was containing 1 kg of post powder. Instead of
taking out a little bit of quantity from each of the ten packets, the
Investigating Officer chose to keep aside one packet as it is as
sample and that particular sample was sent to FSL for analysis.
Similar procedure was adopted with respect to the other accused.
Drawing of sample in the aforesaid manner was not justified and
such sample cannot be said to be a representative sample.
16 In the present case, there was no real requirement of
preparing any notice u/s 50 NDPS Act. It was a case of chance
recovery and more so, when the recovery was from the kattas
being carried by the accused, Section 50 NDPS Act did not even
get attracted. However, despite that the investigating agency had
chosen to prepare such notice and to serve the same to accused
persons. As per the case of prosecution, separate notices were
prepared and original notice was served upon each accused and
State Vs. Major Singh and Sukhvinder Singh page 9
of 15
refusal endorsement was made by each accused on respective
carbon copies. However, PW3 Ct. Rajesh Kumar has something
else to say as according to him, composite notice u/s 50 NDPS Act
was prepared. Moreover, nobody knows as to where are these
original notices? These original notices, if at all had been served
upon the accused, must have been recovered from their personal
search but personal search memos do not reflect so. I have seen
both the personal search memos i.e. Ex.PW2/E1 and Ex.PW2/F1
and there is no whisper regarding the recovery of any such notice.
There is no entry in register no. 19 which might show that any
such original notice was ever brought to the malkhanna. Thus,
nobody knows as to where these original notices have evaporated.
17 SHO had also arrived at the spot. According to PW2 Ct.
Krishan Kumar, SHO had signed notice u/s 50 NDPS Act. When
SHO was asked in this regard, he claimed that he did not
remember whether he had signed such notice or not. Fact remains
that the carbon copy of notice does not bear signatures of SHO at
all.