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TMI Blog2003 (9) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Station, Datia, received secret information at 5 p.m. on 12th August, 1999 that in front of the house of one Rampyari Bilganiya her tenant was standing with a scooter without number plate and was likely to transport charas and opium. S.D.O.(P) Angad Singh (PW8) was present at the police station when this information was received. A constable was sent to call two independent witnesses Sandeep (PW2) and Mukesh (PW3). The police party thereafter left for the house of Rampyari at 5.30 p.m. According to the prosecution's version, accused Jitendra (Appellant in appeal No. 411/2000) was standing 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stion of punishment, appellant Jitendra was sentenced to rigorous imprisonment for 10 ten years and fine of Rs. one lakh and in default to a further sentence of two years rigorous imprisonment. The Appellant Sheela @ Chandrawati was sentenced to rigorous imprisonment for three years with a fine of Rs. 5000 and in default to a further term of rigorous imprisonment of six months. Both the convicted accused appealed to the High Court. The High Court maintained the convictions and sentence imposed upon Jitendra and dismissed his appeal. As far as Smt. Sheela was concerned, the High Court reduced 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, in our view, the accused are entitled to succeed on the first contention of the learned counsel. The evidence to prove that charas and ganja were recovered from the possession of accused consisted of the evidence of the police officers and the panch witnesses. The panch witnesses turned hostile. Thus, we find that apart from the testimony of Rajendra Pathak (PW7), Angadsingh (PW8) and sub-Inspector D.J. Rai (PW6), there is no independent witness as to the recovery of the drugs from the possession of accused. The charas and ganja alleged to have been seized from the possession of 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... marked as material objects. There is no explanation for this failure to produce them. Mere oral evidence as to their features and production of panchanama does not discharge the heavy 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 noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted "report of FSL, Sagar is awaited". Interestingly, the report of the State Forensic Laboratory, Sagar is dated 30.8.1999 (Ex.P/17) certifying that the packets 'A', 'B' and 'C' sent to the laboratory contained charas and ganja. It appears strange to us that the final report submitted under Section 173 of Cr.P.C. on 3.10.1999, on which the charge sheet was based, was submitted by the police officer concerned either without being aware of or without reading the report of the Forensic Science Laboratory. Or else, the Forensic Science Laboratory's report is ante-dated. This is another circumstance which militates strongly against the prosecution. Taking the cumulative effect of all the circumstances, it appears to us that the material placed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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