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2016 (2) TMI 1349 - HC - Indian LawsSmuggling - conscious possession of two gunny bags containing poppy husk - non- examination of Ajaib Singh, a person from the public, would not lead this Court to assume that whole case of the prosecution was false - framing of charges - Section 15 of the NDPS Act - HELD THAT:- This Court finds that the samples were not drawn while mixing the whole contents properly. If the investigating officer had effected the recovery from the upper part of the gunny bags, then it cannot be said that the samples drawn were representative samples of the whole bulk. This issue would assume importance when the report of the Chemical Examiner (Ex. PG) is perused, in which percentage of Morphine has not been described by the Chemical Examiner. No doubt, the Court cannot and should not through the whole case of the prosecution on that score and the Court has to take into consideration the overall issues involved in the case. The Court is not much impressed from the argument raised with regard to non-putting a question relating to conscious possession of the contraband to the appellant in his statement recorded under Section 313, Cr.P.C., and, as such, that argument is not accepted in favour of the appellant. However, it has been put to the appellant that he was seen sitting on the gunny bags - It is settled proposition that if sentence to be awarded is severe like minimum rigorous imprisonment for ten years in addition to a minimum fine of rupees one lac, then the Court has to look for qualitative prosecution evidence. This Court on the overall scanning of the case of the prosecution and the evidence led in defence, has arrived at the conclusion that there are severe latches in the prosecution case and the benefit of the same has to be extended to the appellant - while accepting the appeal the impugned judgment of conviction and the order of sentence passed by learned Judge, Special Court, Sangrur, is hereby set aside. The appellant/accused is hereby acquitted of the charge levelled against him - Application disposed off.
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