SURENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Against the reversal of the order of acquittal passed by the learned trial Court and the conviction recorded by the High Court under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 this appeal has been filed. The accused appellant has been sentenced to undergo rigorous imprisonment for ten (10) years with fine of Rs. 1,00,000.00 (Rupees one lakh), in default, to further undergo simple imprisonment for one year.

(2.) The basis of the acquittal recorded by the learned trial Court is that the sample seal (sealed with seal impression 'H' and marked as P-2) did not tally with the seal which had accompanied the contraband to the Forensic Science Laboratory ("FSL") (the entire quantity of contraband seized was sent for analysis to the FSL).

(3.) If the above is found to be correct, surely, the acquittal would be legally tenable.