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2012 (7) TMI 1115 - HC - Indian LawsOffences punishable u/s 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 'NDPS Act') for having been found in unlawful possession of 3.5KGs of charas - HELD THAT:- Admittedly, the samples were drawn after breaking small pieces from 08 of the polythene bags which were allegedly kept in a green coloured bag by the appellant in his right hand. IO prepared two samples of 25 grams each after taking a small quantity from each of the slabs. Though the settled law is that if it is not practicable to send the entire quantity then sufficient quantity by way of samples from each of the packets of pieces recovered should be sent for chemical examination. Otherwise, result thereon, may be doubted. For example, if the 08 packets were allegedly recovered from the appellant and only two packets were having contraband substance and rest 6 packets did not have any contraband; though all may be of the same colour, when we mix the substances of all 8 packets into one or two; then definitely, the result would be of the total quantity and not of the two pieces. The process adopted by the prosecution creates suspicion. In such a situation, as per settled law, the benefit thereof should go in favour of the accused. It does not matter the quantity. Proper procedure has to be followed, without that the results would be negative. In view of above discussion, instant appeal is allowed. Consequently, impugned judgment dated 18.10.2005 and order on sentence dated 21.10.2005 are hereby set aside. Appellant is acquitted from the charges.
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