JORAWARSINGH S/O DEEPSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) If for no other reason the petitioner would be entitled to be given the benefit of doubt on account of the fact that the punch witnesses have turned hostile and as per the prosecution two samples of 50 gram opium which was drawn out of which one mysteriously became 35 gram when it reached the Forensic Science Laboratory. There is complete absence of link evidence, in that, the Malkhana register was not produced. The specimen seal was not produced in the Court. That two bags of opium were recovered and two samples of 50 gram, one each drawn from the bags, were taken. At the Laboratory only one sample reached. Regretfully, these critical aspects have been overlooked by the courts below.

(3.) Being granted the benefit of doubt the petitioner is acquitted of the charge of having committed an offence punishable under Section 4/9 of the Opium Act.