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2016 (3) TMI 560 - HC - CustomsValidity of Trial Court order - Contravention of provisions of NDPS Act - Illegal possession and transportation of 342 kgs. of ganja punishable under section 20(b)(ii)(C) of N.D.P.S. Act - Surmises and conjectures - Held that:- even though the samples were handed over to P.W.4 on 13.06.2008 by the Court but P.W.4 kept the samples with him because it was handed over to him in the evening hours on 13.06.2008 and thereafter there were three Government Holidays for which he kept the samples and produced it at the S.D.T & R.L. on 17.06.2008 and therefore the chance of tampering with the same cannot be ruled out. The samples were received at the S.D.T. & R.L. on 17.06.2008 and the seals on the sample cartoon and seventeen numbers of sample envelopes were found intact and identical with the specimen impression of the seal given on the forwarding memo. Therefore, the submissions based on surmises and conjectures cannot be accepted. Validity of Trial Court order - Contravention of provisions of NDPS Act - Illegal possession and transportation of 342 kgs. of ganja punishable under section 20(b)(ii)(C) of N.D.P.S. Act - Non-seizure of original of Ext.14 which was the full report in compliance of section 57 of the N.D.P.S. Act - Held that:- in the column No.5, 6, 7 and 8 where name and address of the witness, points to prove, whether personally detected or on information and order of superior officer are required to be mentioned here have not been filled up. Similarly on the reverse side of C-4 where date and hour of submission of report, explanation of delay, if any in submission, date of receipt of the report in Excise Superintendent’s office and brief history of the case are required to be mentioned and date have been left blank. No endorsement of Excise Commissioner regarding receipt of the report and date is available in Form No.C-4. Nobody has been examined from the office of Commissioner of Excise to prove the receipt of such report. The copy of the report which was sent to the Office of Commissioner of Excise has not been seized. Therefore, Ext.14 is not a full report as envisaged under section 57 of the N.D.P.S. Act and a reasonable doubt is created regarding submission of such report in the office of Commissioner of Excise. Therefore, in view of the glaring inconsistencies in the evidence of prosecution witnesses, non-compliance of provisions under section 100(4) of Cr.P.C., sections 52 (3) and 57 of the N.D.P.S. Act, absence of any clinching materials that the seized articles were kept in safe custody till its production in the Court, non-examination of relevant witnesses, non-production of brass seal in Court and other suspicious features, the Trial court order is set aside. Appeal disposed of
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