USHA MEHRA - (1.)Jacob Lawnson, a Nigerian National was arrested on 14th April, 1991. He was found in possession of 75 grams of heroin. He was apprehended in front of Hotel Konark Erakashan Road, Nabi Karim, Delhi. Later, during investigation he made a disclosure statement. On the basis of which the raiding party went to the rooftop of the said hotel, wherefrom he got recovered another quantity of 205 grams of heroin concealed in capsules 18 in number. These were found hidden under the sandbags lying on the rooftop. He was thus booked under section 21 of the Narcotic Drugs Psychotropic Substances Act 1985 (in short the Act).
(2.)The prosecution examined members of the raiding party as well as the independent witness. On the basis of their testimony the Trial Court held the appellant guilty. He has been accordingly convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lakh and in default of payment of fine, to undergo further rigorous imprisonment for two years.
(3.)It is against this judgement the present appeal has been preferred, inter alia, on the grounds that there had been a violation of the mandatory provisions, namely, Section 42, 50 and 57 of the Act. Investigating Officer did not comply with these provisions. He did not send the report to his superiors as required under Section 57 of the Act. Moreover, CFSL form was not filled up at the spot nor deposited with Moharar Malkhana nor the same was sent to the office of CFSL. It has not been proved that the samples with the CFSL form were deposited in the office of CFSL. Since the case property and samples remained with the police alongwith seals from 14th April, 1991 till 9th May, 1991, there is every reason to apprehend that samples must have been tampered with. Even otherwise prosecution has not given any explanation for this delay in deposit of the samples in the office of CFSL.