Aftab Alam, J. - (1.) The Appellant stands convicted under Sections 8/21(b) of the Narcotics Drugs & Psychotropic Substance Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs. 25,000/- with the direction that in default of payment of fine, he would undergo rigorous imprisonment for a further period of one year.
(2.) On March 8, 2005, at about 3.30 p.m. one Anil Kumar Jharkhadia (PW.10), Town Inspector, Police Station Kareli received information that the Appellant, the owner of Satyanarain Talkies is engaged in selling of smack powder (heroin in common parlance) from his cinema hall. After completing the formalities, the police party proceeded to the cinema hall where the Town Inspector, complying with the mandate of the law, subjected the Appellant to a personal search. The search, made under the Search Memo, Exhibit P.17, yielded three packets from the pocket of the kurta worn by the Appellant. The plastic packets contained smack powder, the total weight of which was 175 grams. The suspected narcotic recovered from the Appellant was seized under seizure memo, Exhibit P.22. From the seized powder, two samples of five grams each were taken and were put in two separate sealed packets marked as Article A and A1. The remainder 165 gram was put in a separate sealed packet marked as Article A-2.
(3.) Following the Appellant, his two employees, namely Kanki @ Vishnu and Guddu Maharaj, who were present there at that time, were also subjected to personal search and from the possession of Kanki 100 grams and from Guddu Maharaj 35 grams smack powder was recovered. Samples were similarly taken from the recoveries made from those two accused also.;