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2017 (5) TMI 1646 - HC - CustomsSmuggling - poppy husk - NDPS Act - offence punishable under Section 15 of NDPS Act - Held that:- In the instant case, Form No.29 was not prepared on the spot and was admittedly filled in after delay of two days, which has not been explained by the prosecution. Therefore, prosecution has failed to prove beyond reasonable doubt that the sample of contraband which was examined by the Forensic Science Laboratory was the same which was alleged to have been recovered from the appellants at the time of the alleged recovery. The next infirmity in the case of the prosecution is that the entire contents of the three bags were required to be put on a piece of paper of cloth in order to know the whole of the contents. Admittedly, the investigating officer did not follow the prescribed procedure and in this regard it is hard to believe that the whole of the contents of the bags were poppy husk. Also, the drawing of the samples has to be in the presence and supervision of the Magistrate, which has not been followed in the present case. The impugned judgment of conviction and order of sentence dated 20.07.2004, passed by the learned trial Court, is set aside and the appellants are acquitted of the charge framed against them - appeal allowed.
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