KRISHNAPAL SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.12.1995 passed by 3rd Additional Special Judge, Bastar at Jagdalpur in Special Case No.33/1995. By the impugned judgment, accused/appellant Krishnapal Singh has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985') and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.5,000, in default, to further undergo imprisonment for six months.

(2.) Case of the prosecution, in brief, is as under:

(3.) Shri Shailendra Dubey, learned counsel for the appellant argued that there was no compliance of Sections 42, 50, 52 and 55 of the Act, 1985. He further argued that there is nothing on record to show that the bag was containing Ganja and samples taken from the bag were sealed and specimen impression of the seal was prepared. The samples were not taken and the whole bag was sent to FSL, Raipur on 20.6.1995 and the same was received at the FSL, Raipur on 28.6.1995. It was sent after considerable delay, for which there is no explanation. Therefore, the seizure from the appellant was not in accordance with law. Possibility of tampering of the seal of the bag sent to the FSL cannot be ruled out. Therefore, the appellant is entitled to be acquitted of the charge framed against him.