GANGABAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against judgment dated 7.7.1997 passed by 1st Additional Sessions Judge, Raipur in Special Sessions Trial No. 136/1996. By the impugned judgment, accused/appellant Gangabai has been convicted under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985') and sentenced to undergo rigorous im-prisonment for three years and to pay fine of Rs.2,000, in default, to undergo simple impris-onment for six months.

(2.) Case of the prosecution, in brief, is as un-der:

(3.) Smt. Indira Tripathi, learned counsel for the appellant argued that there was no compli-ance of provisions of Sections 42, 50 and 55 of the Act, 1985. She further argued that there is nothing on record to show that the bag was con-taining Ganja and samples taken from the bag were sealed and specimen impression of the seal was prepared. The Ganja was seized on 19.10.1996, samples were not taken, the whole bag was sent to Forensic Science Laboratory, Raipur on 25.10.1996 and the same was re-ceived at the FSL, Raipur on26.10.1996. It was sent after a 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 pharge framed against her.