STATE OF RAJASTHAN Vs. BHER SINGH

JUDGEMENT

(1.) THE High Court after considering the evidence led by the prosecution came to the conclusion that the prosecution has failed to establish that the sample opium seized and sealed by the seizing officer, namely, PW 7 was not tampered with, while being sent to the forensic science laboratory for examination. On this basis, it has reversed the conviction and sentence imposed on the respondent by the Additional Sessions Judge, Banner for offence punishable under S.8 read with S.17 of the NDPS Act.

(2.) WE have perused the evidence of PW 7 who seized the opium in question, as also the evidence of PW 9 who was the officer in charge of the malkhana and from their evidence, we find that it is not possible to hold that the seal allegedly put by PW 7 while taking the sample opium remained intact right through the time it reached the forensic science laboratory. This being a mandatory requirement to establish the fact that the seized goods was in fact a prohibited drug under the NDPS Act, we agree with the High Court on facts of this case that the prosecution has failed to establish this part of its case, hence, we find no reason to interfere in this appeal. Therefore, we dismiss the same.