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TMI Blog2018 (5) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 11th April, 2016 passed by the Hon'ble Judge in Chamber. We are now called upon to deal with Criminal Appeal No. 741 of 2011 only which is directed against the Judgment and Order dated 23rd February, 2010 passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal No. 621 of 2008. By the said judgment, the High Court allowed the appeal of the respondent herein and acquitted him of the charges levelled against him under Section 8/18(B) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). 2. Brief history of the case as emanated from the prosecution story is that upon receiving information from an informant on 11th May, 2004 PW7 - P.K. Sinha (I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of the Act. Therefore, the High Court allowed the appeal of the accused and acquitted him of the charges. The aggrieved State is in appeal before us. 4. We have heard Learned Senior Counsel appearing for the State and Learned Counsel for the accused-appellant as well, and carefully gone through the material on record. 5. Learned Senior Counsel for the State centred his arguments on the provisions of Section 52A of the Act to submit that on 14th October, 2004 after submitting the seized case contraband property to the Executive Magistrate, it was found that two polythene packets contained 4 kg and 3.2 kg of opium respectively and from them 30-30 grams each of two packets have been prepared and marked as A3 and A4 and se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time photos of the seized property were taken, which are Ex-P/34 and the same was kept in the envelope Ex. P/29. The order sheet Ex. P/28 shows that property was not disposed of by the Executive Magistrate and Tehsildar, Singoli, but after the properation of the samples A-3, A-4 and B-3, B-4 and C-3, C-4, the above samples and the bulk quantity of the property was returned to the presenting officer Harvindar Singh, Inspector of CBN. On this order sheet, there is receipt of articles by Inspector Harvindar Singh. In this way, only the samples were prepared by the Executive Magistrate and Tehsildar, Singoli, but actual property was not disposed of. In para 79 of the impugned judgment, it has also been ordered by the Court that the property be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ple of 30-30 grams each have been taken from the two packets and kept in a small plastic polythene and marked A3 and A4 and sealed. The remaining seized stuff and samples sealed as usual are handed over to the presenting Officer Shri Harvinder Singh, Inspector. 9. From the above proceedings, it is crystal clear that the remaining seized stuff was not disposed of by the Executive Magistrate. 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. The trial Court more spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that the prosecution has not filed any such application for disposal/destruction of the allegedly seized bulk quantity of contraband material nor any such order was passed by the Magistrate. Even no notice has been given to the accused before such alleged destruction/disposal. It is also pertinent here to mention that the trial Court appears to have believed the prosecution story in a haste and awarded conviction to the respondent without warranting the production of bulk quantity of contraband. But, the High Court committed no error in dealing with this aspect of the case and disbelieving the prosecution story by arriving at the conclusion that at the trial, the bulk quantities of contraband were not exhibited to the witnesses at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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