9911796707
TMI Blog2011 (3) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... ukar Pallerala and coaccused Ramesh Maduriklha both resident of village Challagarige, District Warangal, Andhra Pradesh were apprehended in course of Nakabandi at Green Grass Hoffer chowkey on Bhau Daji Road, Matunga, Mumbai in the early hours of 16.12.2004. Both of them were traveling in a taxi bearing no. MH01J7823. The appellant accused Madhukar was found seated on the rear seat with black coloured rexine bag and the coaccused Ramesh was found seated next to the driver of the taxi. Search of the rexine bag led to recovery of 17.5 Kg. of ganja leaves. Two samples of 50 gms. were duly drawn in the presence of the panchas and ganja was seized. A crime was registered at CR No.3 of 2004 under Sections 20 read with Section 8C and Section 29 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the prosecution suffered from infirmity in the evidence which rendered the prosecution's case of seizure of ganja leaves a questionable proposition. In order to acquaint this court with infirmity in evidence, he took the court through the entire evidence and pointed out that nowhere the seizing officials or any private individual examined as pancha or eyewitnesses had identified the substance seized at the material time as the one which was presented before the court, and sent to CA for further forensic investigation. From the evidence of PW4Damodar Ratnapa Tharkar P.C. the mystery regarding the seized articles deepened further with the fact that the sample envelopes given to him were kept overnight with him before being delivered to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at two samples were drawn from the said contents of the bag and the same were packed and sealed in the paper packets and the paper packets were signed by him. He identified the rexine bag and the sample packets shown to him in the course of his evidence. He identified seizure panchanama (Exh.13) and vouched its contents as correct. Nowhere in his evidence PWTilakraj Uppal identified either the contents of the rexin bag or the contents of the sample packets shown to him in course of his evidence. It is this infirmity in the evidence which was made trump card in the present appeal on the basis of the proposition that identity of the contraband seized remained questionable. 9. Mrs. Mane, the learned APP for the State submitted that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les done by him showed the presence of 0.48 % and 0.57% of.9 THC in samples "A" and "B" respectively. His cross examination brought nothing material to doubt forensic investigation done by him. However, his evidence does not demonstrate that the contents of sample packets (articles 1/2 and 1/3) before the court were analyzed by him for the purposes of forensic investigation. The mystery about the identity of the contraband and the samples is further compounded by the discrepancy in the outward numbers found recorded on the forwarding memo Exh.16 and Exh.19, and the failure of the prosecution to prove by cogent evidence the movement of the samples with reference to the muddemal register. In result the, the prosecution case fails and appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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