Mohammad Islam, resident of Village Tikra Patti, District Barabanki. Upon being called, the second person came to the door and disclosed his name as Mohd. Islam @ Farooq, son of Mohd. Shami @ Haroon, resident of Village Tikra Patti, P.S. Zaidpur, District Barabanki. Since the names and particulars matched with those given in the secret information, both the persons were informed about the purpose of the visit and were asked whether they wished their personal search and search of the premises to be conducted before a Magistrate or a Gazetted Officer. Both accused-appellant Vinai Kumar Sharma and Mohd. Islam declined and consented to be searched by the preventive team itself. Thereafter, in the presence of witnesses, Rajdhari Singh, SubInspector, and Faiyaz Ahmad along with witnesses, entered the Room and commenced search. During search, a red coloured hand bag was found under the pillow on the bed. On being asked, accused-appellant Vinai Kumar Sharma stated that the bag contained Rs. 23,000/-, which he admitted to be his own money, brought from his home, and that he intended to purchase heroin from Mohd. Islam @ Farooq, present in the Room. He further stated that one packet of heroin had already been given to him, while another packet remained with Mohd. Islam, and that he was about to check the purity of the heroin by consuming it, after which he intended to decide the price, but before that, the team arrived. On being asked to produce the heroin in his possession, he took out one plastic-wrapped packet from the right pocket of his blue jeans, which was opened by Constable Faiyaz Ahmad in the presence of witnesses, and found to contain browncoloured, semi-moist substance, which was seized under Sections 8, 21 of NDPS Act. Thereafter, Mohd. Islam was asked whether he also possessed any heroin, to which he admitted, and produced
