Full Judgment Text
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CASE NO.:
Appeal (crl.) 1179 of 1999
PETITIONER:
STATE OF RAJASTHAN
RESPONDENT:
GURMAIL SINGH
DATE OF JUDGMENT: 23/02/2005
BENCH:
B.P.SINGH & ARUN KUMAR
JUDGMENT:
J U D G M E N T
B.P.SINGH, J.
We have heard counsel for the State.
This appeal has been preferred by the State of Rajasthan against
the judgment and order of the High Court of Judicature for Rajasthan at
Jodhpur in Criminal Appeal No.392 of 1996 dated May 6, 1998. The
Respondent who had been found guilty of the offence under Section 8
read with Section 15 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (hereinafter referred to as the Act) was sentenced to 10 years
rigorous imprisonment and a fine of Rs.1 lakh by the learned Special
Judge, N.D.P.S.Cases,
...2/-
-2-
Sri Ganganagar in Sessions Case No.15 of 1995. The Respondent
preferred an appeal before the High Court which was allowed by the
High Court by its impugned judgment and order.
We have perused the judgment of the High Court. Apart from
other reasons recorded by the High Court, we find that the link evidence
adduced by the prosecution was not at all satisfactory. In the first
instance, though the seized articles are said to have been kept in the
malkhana on 20th May, 1995, the Malkhana register was not produced
to prove that it was so kept in the malkhana till it was taken over by
PW-6 on June 5, 1995. We further find that no sample of the seal was
sent along with the sample to Excise Laboratory, Jodhpur for the
purpose of comparing with the seal appearing on the sample bottles.
Therefore, there is no evidence to prove satisfactorily that the seals
found were in fact the same seals as were put on the sample bottles
immediately after seizure of the contraband. These loopholes in the
prosecution case have led the High Court to acquit the respondent.
...3/-
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We find no error in the judgment of the High Court.
This appeal is, therefore, dismissed.