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2010 (4) TMI 1042 - SC - Indian LawsDelay in sending samples for forensic - Appeal against Acquittal - Upon completion of trial, trial court passed judgment convicting respondents under Section 15 of NDPS Act, 1985 – High court vide impugned order acquitted respondent of charge under Section 15 – Held that:- Section 15 makes possession of contraband articles an offence – Evidence led by prosecution to establish that respondents were found sitting on aforesaid bags of poppy husk – Sub-Inspector also stated that presence of accused respondents at such early hour near religious place with such large number of bags and their sitting on them and on seeing police party their conduct of trying to hide themselves behind bags prove and establish that they were in possession of aforesaid bags – Admittedly there was merely delay of about seven days in sending samples to Forensic Examiner and it is not proved as to how aforesaid delay of seven days has affected said examination when it could not be proved that seal of sample was in any manner tampered with – Current Court in Hardip Singh v. State of Punjab [2008 (8) TMI 892 - SUPREME COURT] condoned delay of about 40 days in sending sample to laboratory after same was seized – In our considered opinion, ratio of aforesaid decision squarely applies to facts of present case – Respondents hereby directed to surrender forthwith and undergo remaining term of imprisonment as directed by trial Court – Impugned order of acquittal set-aside – Decided in favour of Appellant.
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