TMI Blog2003 (9) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... burden which lies on the prosecution, particularly where the offence is punishable with a stringent sentence as under the NDPS Act. In this case, we notice that panchas have turned hostile so the panchanama is nothing but a document written by the concerned police officer. The suggestion made by the defence in cross-examination is worthy of notice. It was suggested to the prosecution witnesses that the landlady of the house in collusion with police had lodged a false case only for evicting the accused from the house in which they were living. Finally, we notice that the Investigating Officer was also not examined. Against this background, to say that, despite the pancha witnesses having turned hostile, the non-examination of the Investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding in front of the house of Rampyari along with a scooter. On a request by the Police Officer that he may be permitted to search the dicky of the scooter, and after being apprised that the search may be given either to the Police Officer present or to the Magistrate, the accused Jitendra agreed that the search may be taken by the Police Officer. The Police Officer opened the dicky with a key supplied by Jitendra. This search resulted in recovery of five packets of charas in a polythene bag along with currency notes worth Rs. 20,000. The charas weighed one kilogram out of which two samples of 100 grams each were taken out and sealed. Thereafter, the police party accompanied by a lady constable Pushpa (PW5), who was called from the police s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... educed the sentence of imprisonment to the period undergone in custody, which was about 14 months, and reduced the fine to Rs. 2,000 by partly allowing her appeal. The learned counsel for the appellants strongly urged that the High Court has completely missed the crucial issue that was urged on behalf of the accused. He pointed out that this was a strange case where the material objects viz. one kilogram charas alleged to have been seized from the custody of Jitendra, and one kilogram ganja alleged to have been seized from the possession of Jitendra s mother, accused Sheela, were not at all produced at the trial. Though it was the case of the prosecution that the recovered articles of drugs were kept in the Malkhana, neither were the mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused were not even produced before the trial court, so as to connect it with the samples sent to the Forensic Science Laboratory. There is no material produced in the trial, apart from the interested testimony of police officers, to show that the charas and ganja were seized from the possession of the accused or that the samples sent to the Forensic Science Laboratory were taken from the drugs seized from the possession of the accused. Although, the High Court noticed the fact that the charas and ganja alleged to have been seized from the custody of the accused had neither been produced in the court, nor marked as articles, which ought to have been done, the High Court brushed aside the contention by observing that it would not vitia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... landlady of the house in collusion with police had lodged a false case only for evicting the accused from the house in which they were living. Finally, we notice that the Investigating Officer was also not examined. Against this background, to say that, despite the pancha witnesses having turned hostile, the non-examination of the Investigating Officer and nonproduction of the seized drugs, the conviction under the NDPS, Act can still be sustained, is far fatched. The learned counsel for the appellants brought to our notice two more facts. The High Court seems to have relied on a copy of the letter dated 14th August, 1999 written by the Superintendent of Police, Datia to the Director, State Forensic Laboratory, Sagar and placed reliance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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