LAXMI NARAYAN Vs. STATE

JUDGEMENT

(1.) PALOK Basu, J. The success of this appeal is dependent more upon the follies of the prosecuting agency than any other as it is well nigh impossible to convict the appellant with the glaring procedural lapses from beginning to the end of the case.

(2.) LAXMI Narain accused has filed this appeal against his conviction under Section 8/17 of the Narcotic Drugs and Psychotropic Substances Act (for short, the Act) and sentence of 10 years' R. I. and a fine of rupees one lac imposed by the judgment of the Sessions Judge, Lucknow, dated 28-1-1988 in Sessions Trial No. 206 of 1988.

(3.) THE trial was numbered as Sessions Trial No. 206 of 1986 and com menced before the learned Sessions Judge himself. After framing of the charge on 9-4-1987 the prosecution was permitted to produce evidence. During the trial only two witnesses have been examined and they are P. W. 1. V. K. Nanda and P. W. 2, Pankaj Gupta. None of the four other persons namely Sri G. P. Bhagat, Sri A. K. Dixit (Both of the department) and Maina and Radhey belonging to the public have been examined. At this stage it appears that the alleged recovered packets eleven in number were got exhibited in the Court of the Sessions. Cross-examination of P. W. I was perhaps directed to challenge the very factum of the recovered articles being Narcotic Drug or a Psychotropic Substance. Inference to the relevant evidence will be made here inafter. On 25-5-1987 the prosecution moved an application which contains the following prayer : "therefore, it is humbly prayed that in the interest of justice and to the just decision of the case the Hon'ble Court may kindly be pleased to send the exhibited Heroine as a whole for chemical analysis. THE learned Sessions Judge passed the following order Called out. Present: Accused with counsel. State applied that the exhibited heroine be sent for chemical examina tion, as a whole. THE witness summoned for today has also not turned up heard. Allowed : THE five purias of heroene be sent for chemical examination and the report be obtained by the date fixed. THE case shall not be adjourned on the date fixed on the plea of non availability of report Fix 7-7-1987 for further evidence.