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2015 (9) TMI 342 - HC - CustomsPossession of Contrabands Appeal against Conviction Appellant stood convicted under Section 20(b)(ii)(c) of NDPS Act for being in possession of 61.49 kg ganja and has been sentenced to undergo Rigorous Imprisonment and to pay fine Held that:- PW.4 along with PWs. 1, 3 and 6 have denied suggestions that nothing was recovered from possession of appellant and that all proceedings was conducted in police station PW.9 clearly demonstrates that only four sealed sample were send to FSL, and not FSL form along with same FSL form, is an important safe guard to avoid any suspicion and same not having been sent to laboratory along with sealed samples raises serious doubts about samples being tampered with There is no DD entry regarding such secret information having been received by PW.4. Total non-compliance with requirement of Section 42 has been held to be impermissible Though there has been delay of one and half months in sending sample to FSL, there is nothing on record to suggest or to come to opinion that said sealed samples were tampered with Based on findings, it is difficult to uphold conviction Appeal allowed and appellant directed to be released from custody Decided in favour of Appellant.
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