LAWS(RAJ)-2016-8-141

JAIPAL SINGH; BHAGWANA RAM; SHAMBHOO LAL & ANR ; PRAKASH; TILA RAM & ANR ; KULDEEP & ANR ; DEVA RAM; MAHENDRA; MAHAVEER LAL & ANR ; HAMEED KHAN & ANR ; KULWANT SINGH & ANR ; GANPATLAL & ANR ; POONA RAM; RATAN LAL; PRITHVI RAJ; GOPAL; PUSHA RAM; SODI SINGH Vs. STATE OF RAJASTHAN

Decided On August 22, 2016
Jaipal Singh; Bhagwana Ram; Shambhoo Lal And Anr ; Prakash; Tila Ram And Anr ; Kuldeep And Anr ; Deva Ram; Mahendra; Mahaveer Lal And Anr ; Hameed Khan And Anr ; Kulwant Singh And Anr ; Ganpatlal And Anr ; Poona Ram; Ratan Lal; Prithvi Raj; Gopal; Pusha Ram; Sodi Singh Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) In Noor Aga Vs. State of Punjab, 2009 Supp AIR(SC) 852 the Hon'ble Apex Court while allowing the appeal made following observations:-

(2.) That was a case where muddamal/physical evidence as to recovery of bulk quantity of heroin was not produced in the court. Keeping in view the observations made by the Hon'ble Apex Court, the Registry was directed to call for the details of the cases from the Advocates and to list all cases where the 'muddamal' (material object) was not produced in the Court and also the cases where the samples were not properly drawn or the seizure officer was not authorized, thirty five of such cases were listed before this Court.

(3.) Before going into the merits of each case, it would be appropriate to first deal with the various judgments cited by the learned counsel for the appellants and learned Public Prosecutor in these cases.