TMI Blog1980 (1) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 5th March, 1973 by which the respondent Daulat Ram was acquitted of the charge under Section 9A of the Opium Act. It appears that on the 24th January, 1968 the District Excise Officer went to search the shop of the respondent in Jodhpur city and P.W. 2 Sher Singh, Excise Inspector, recovered an iron box along with two tins filled with opium. On bung interrogated the respondent disclosed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t accepted by the office of the Superintendent of Police as the labels were not in order. It is a admitted case of the Prosecution that the samples changed several hands before reaching the public analyst. In other words, the samples remained in the custody of S.I. Aidanram, P.S. Udai Mandir, Nathu Singh, Gajraj Singh Jawan Singh and the Assistant Public Analyst and yet none of these witnesses wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der it was for the prosecution affirmatively to prove that the seals were still in tact. It is true that Harak Chand and Jabbar Singh have stated that the seals of the samples were tact so long as they were in their custody. But then as pointed out above neither Jawan, Nathu, Gajraj, Aidanram and Assistant Public Analyst were examined hence it cannot be said that the prosecution has proved all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome time later chose to withdrawn it. It is obvious that the onus is on the prosecution to prove the entire case at the trial and the prosecution could not be allowed to fill up the gaps or lacuna left at the trial, at the appellate or revisional stage. In these circumstances, we do not find any error of law in the view taken by the High Court. We find no merit in this appeal which is accordingly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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