Narcotic Drugs and Psychotropic Substances Act, 1985
Section 15—Recovery of poppy straw—Appeal against acquittal—Evidence on record does not connect the respondents with commission of offence—Apart from the police party constituting Naka Party, there were independent witnesses available on spot—Two labourers who assisted the police in uploading the contraband have not been named as prosecution witnesses nor their statements have been recorded before the trial Court—That apart, there is also no clarity as to how many samples were taken out of the seized 18 bags of alleged Poppy Straw—As per Executive Magistrate, he did not reseal the samples on spot and rather, he sealed the samples in his office on the next day—Statement of I/O that 18 samples picked up on the spot were deposited in the Malkhana on the same day but there is no evidence led by prosecution to produce the in-charge Malkhana or the Malkhana register to substantiate the said statement—Nothing on record to show as to how samples which were deposited in the Malkhana were taken out for resealing by the Executive Magistrate—Safe custody of samples has been put in serious doubt—Malkhana register not produced and proved—Prosecution has miserably failed to prove its case against respondents by leading any cogent and credible evidence—Appeal dismissed.
[Paras 8 & 9]