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2018 (5) TMI 120 - SC - Indian LawsPreserving of case property - case of respondent is that the case property was destroyed under the provisions of the Act and the inventory and photographs were submitted during trial which form primary evidence under the Act - Held that: - The contraband stuff as also the samples sealed as usual were handed over physically to the Investigating Officer Harvinder Singh (PW 6). Also the trial Court in its judgment specifically passed instructions to preserve the seized property and record of the case in safe custody, as the co-accused Bhanwarlal was absconding. Omission on the part of the prosecution to produce the bulk quantity of seized opium would create a doubt in the mind of Court on the genuineness of the samples drawn and marked as A, B, C, D, E, F from the allegedly seized contraband. However, the simple argument that the same had been destroyed, cannot be accepted as it is not clear that on what authority it was done. Appeal dismissed.
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