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Issues: Appeal against acquittal under Narcotic Drugs and Psychotropic Substances Act, 1985
Analysis: The State of Rajasthan filed an appeal against the acquittal of the Respondent in a case involving an offence under Section 8 read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Respondent had initially been sentenced to 10 years rigorous imprisonment and a fine of &8377; 1 lakh by the Special Judge. However, the High Court of Judicature for Rajasthan at Jodhpur allowed the Respondent's appeal, leading to the State's appeal to the Supreme Court. Upon reviewing the High Court's judgment, the Supreme Court noted various deficiencies in the prosecution's case, specifically related to the link evidence presented. The Court highlighted that the Malkhana register, crucial for establishing the chain of custody of the seized articles, was not produced as evidence. Additionally, the absence of sending a sample of the seal along with the contraband to the Excise Laboratory for comparison raised doubts about the authenticity of the seals found. These gaps in the prosecution's case were deemed significant by the High Court, leading to the Respondent's acquittal. The Supreme Court, after examining the High Court's judgment and finding no errors therein, dismissed the State's appeal. The decision to uphold the acquittal was primarily based on the insufficiency of the link evidence and procedural lapses in establishing the integrity of the seized items, as highlighted by the High Court. The judgment underscores the importance of adherence to proper evidentiary procedures in cases involving narcotics offenses to ensure a fair and just trial.
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