Bala Krishna Narayana, J. - (1.) Heard learned Counsel for the Appellant, learned A.G.A and perused the impugned judgment as well as lower Court record.
(2.) The Appellant upon being convicted for offence punishable under Sec. 20(ii)(c) of N.D.P.S. Act is seeking enlargement on bail during the pendency of appeal. Learned Counsel for the Appellant contended that as per the prosecution version about 2 kg Charas was recovered from the Appellant's possession. Two samples of 50 grams each were drawn from the articles recovered from the Appellant and were kept in two different packets. Thereafter, the samples as well as the remaining charas were sealed and signatures of the Appellants were obtained on the seals of the samples as well as on the seal of the packet in which the remaining articles were kept.
(3.) Learned Counsel for the Appellant next contended that as per the report of the chemical analyst the sample which was received by him did not contain the signature of the Appellant, but it contained the signature of one Sri P.C. Tiwari, S.I. who was neither the member of the police party which had arrested and searched the Appellant nor he was examined during investigation. This fact was admitted by Sri Pramod Shanker Shukla, S.I., P.W. -1 who had arrested the Appellant and upon search recovered contraband articles from him. In his evidence Sri P.K. Shukla also admitted that neither the seal contained on the samples nor the seal put on the bag containing the remaining articles from the Appellant bore his signature or the monogram of the concerned police station.;