consequent to receipt of secret information that one person, named Deepak, who was a Nepali national, would be approaching the Indian Oil petrol pump, near Majnu Ka Tila, for supplying hashish ( charas ). He confirmed intercepting and overpowering the appellant (whom he recognised in court). He further deposed that notice, under Section 50 of the NDPS Act was served on the appellant, informing him of his legal right to be searched in the presence of a Gazetted Officer or a Magistrate, but that the appellant refused to exercise the said right, which was recorded as Ex. PW-2/B, on the body of the notice (Ex. PW-2/A). He further deposed that passers-by, though requested to join the raiding party, did not oblige. Thereafter, PW-2 deposed, search, of the bag carried by the appellant, was conducted by the I/O, which disclosed that it contained a polythene pouch with solid material in it which, on being tested using the Field Testing Kit carried by the raiding party, was found to be charas , weighing 10kg. He further deposed that, from the said 10 kg charas , two samples of 50g each were separated and kept in separate pullandas , marked ‘A’ and ‘B’. The remaining charas was kept in a bag, which was marked ‘C’. He deposed, further, that the I/O affixed the seal of the Narcotics Bureau on the FSL form and on the said three pullandas , whereafter the seal was handed over to PW-3 HC Rajesh. The property was seized by the I/O, vide seizure memo Ex. PW-2/C.
