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2019 (9) TMI 1281 - SC - Indian LawsSeizure and recovery of Contraband - poppy straw - Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - only two samples packets and one bag of poppy straw weighing 2.5 kg were produced and exhibited while the entire contraband material was not produced and exhibited. Whether the cases relied upon by the High Court state in unequivocal terms that in case of failure to produce the contraband material before the Court, the case of the prosecution is required to be discarded or not? HELD THAT:- Reliance placed in the case of JITENDRA & ANR. VERSUS STATE OF MP. [2003 (9) TMI 709 - SUPREME COURT] relying on which the benefit of doubt was given and the accused was acquitted. The evidence of PW15 Surender Singh shows that from and out of 7 bags of poppy husk, samples weighing about 500 grams were taken out of each bag. Out of these 3500 grams thus taken out, two samples of 500 grams were independently sealed while rest 2500 grams were also sealed in a separate pouch. These samples were marked A, B and C respectively. The bags were also independently sealed and taken in custody and Exbt-5 seizure memo which recorded all these facts was also signed by the accused. Cross-examination of witnesses - HELD THAT:- At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand the purport of the seizure memo. It would therefore be difficult to even suggest that the seizure of contraband weighing 223 kgs was not proved by the prosecution - In our view this fact stood conclusively proven. The conclusion drawn by the High Court was completely unsustainable and the High Court erred in extending the benefit of acquittal to the respondent - the view taken by the High Court is set aside and the order of conviction as recorded by the trial court against the respondent in its judgment and order dated 01.08.2015 is restored - appeal allowed.
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