RAM NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) TWO lower courts have 'found revisionist Ram Nath, guilty of offence under Section 9 of the Opium Act and have sentenced him to rigorous imprisonment.

(2.) PROSECUTION story against the revisionist was that on 14th July, 1979 at about 6.15 p.m. a police party, headed by Sub-Inspector Roshan Lal apprehended the revisionist in presence of public witnesses Mukhtar Singh and Jitwar Singh and recovered from him one kilo and 200 gms of opium. Out of the opium recovered, 20 gms. was kept in a separate packet and remaining opium was sealed in a separate packet. The recovery memo was prepared and was signed by the public witnesses. It is said that packet of 10 gms. was sent to the chemical examiner who found that the sample contained 7% morphine.

(3.) BUT the fact remains that despite reliance on the report of chemical examiner there was no link evidence about the safe custody or transit of the sealed bundle or packet. In this connection reliance can be placed on the cases of State of Rajasthan v. Daulat Ram, A.I.R. 1990, S.C. 1314 and Desh Raj v. State of U.P. 1981 (U.P.) C.L.R. 251. When there is no link evidence to assure the Court that bundle of the sample or packet was safely kept and that the sample packet remained intact, it cannot be held beyond reasonable doubt that the article recovered was opium. In view of this, the conviction and sentence of the revisionist cannot be upheld.