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2017 (7) TMI 1085 - HC - Indian LawsOffence under section 20 N.D.P.S. Act - smuggling - charas - Held that: - the alleged yellow coloured polythene containing 7 plates and 11 sachets of Charas was picked by the first informant S.I. Arvind Singh from the platform and does not appear to have been recovered from the right hand of accused-appellant in his personal search as mentioned in recovery memo. There is nothing on record to show that the accused-appellant was holding the polythene bag in his right or left hand. It is also not disputed that there is no independent witness of recovery - the very recovery of prohibited contraband from accused appellant becomes doubtful and the prosecution has failed to prove such recovery beyond reasonable doubt. The prosecution has also failed to prove that the sample from the allegedly recovered material was taken in accordance with law or the forensic lab report correspond to the alleged recovery. The trial court has failed to correctly analyze the evidence on record and has acted wrongly and illegally in relying on the prosecution evidence without considering it in correct perspective and has also acted wrongly and illegally in holding the accused-appellant to be guilty for carrying on prohibited contraband Charas in commercial quantity. The impugned judgment and order of conviction and sentence is set aside - appeal allowed.
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