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2016 (1) TMI 727 - SC - Indian LawsHigh Court acquitted the respondent - Conviction for commission of offence under section 8(c) read with sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS) - Held that:- The High Court has not considered the other material on record which according to trial court established identity of sample sent for chemical examination with the contraband which was seized, and has also overlooked the effect of forwarding memo to godown which contained seal No.12, and effect of remanding Magistrate endorsement. Merely because no departmental action had been taken against PW-9 for mentioning seal No.11 instead of seal No.12 the prosecution case could not have been disbelieved. It is trite law that while reversing the Judgment the reasons given by the trial court ought to have been taken into consideration along with the entire evidence in that regard. Same has not been done by the High Court. As such without commenting on the merits of the case we find the judgment and order of the High Court to be unsustainable. Same is hereby quashed and we remit the case to the High Court to decide the appeal afresh in accordance with law duly considering the reasoning employed by the trial court and the entire evidence.
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