STATE OF RAJASTHAN Vs. SUNIL RAI

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) State has preferred this leave to appeal against the impugned order dated 16.02.2010 passed by the trial Court, whereby accused-respondent has been acquitted of the offence under Section 8/20 of the N.D.P.S. Act.

(3.) Learned trial Court has acquitted the accused-respondent on the ground that prosecution has failed to prove in the present case that sample of commodity, which was taken at the time of seizure of commodity, was sent to Public Analyst. There is material contradiction in the colour and kind of contraband recovered from the accused and sent for chemical examination to Public Analyst. The trial Court has observed that no reasonable explanation has been given for it by the prosecution.