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TMI Blog2009 (4) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... . 252/97 (48/95). The trial Court convicted him to undergo sentence for ten years rigorous imprisonment and to pay fine of ₹ 1,00,000/- with default stipulation. Prosecution version as held during trial was that the respondent was found to be in possession of merely 6 Kg. of opium. PW.1 Jaswant Singh, SHO, Police Station Kanera District Chittorgarh prepared a Parchakayami (Ex.P/7) on 15.6.1995 at about 7.15 p.m. stating inter-alia that on 15.6.1995 at about 2.00 p.m., he received a secret information from mukhbir to the effect that on that day before 6.00 p.m., one person, namely, Daul Giri (present accused respondent) S/o Madhugiri, resident of Shamkhdo Ka Kheda having opium in his possession would pass through Palchha Ghata on foot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bag, plastic bag containing black-brown substance was recovered and on being tested, it was assessed that it was nothing but contraband 'opium and on being asked, the accused told that he had no valid licence to keep that opium. On being weighed, its weight was found to be 6 k.g., out of which, two samples of 30 grams each were taken for the purposes of chemical analysis and sealed separately on the spot and marked as A/1 and A/2 and the remaining opium was also sealed separately on the spot and marked as A. The fard-of search and seizure was prepared on the spot by Jaswant Singh (PW.1) and the same is Ex.P/4. The fard of specimen impression of seal is Ex.P/5. The accused was arrested through arrest memo Ex.P/6. Thereafter regular FIR E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appellant -State submitted that the non-examination of Jamnalal could not be fatal to the credibility of the prosecution version. In fact the entire scenario starting from the seizure of the samples till their receipt at the Forensic Science Laboratory (in short FSL) and the report thereafter clearly proves that the samples were not only sealed but were also kept in proper and safe custody. According to him when the seal is intact, there is no question or possibility of any tampering as was held by the High Court. No one appeared for the respondent though notice has been served. The factual scenario goes to show that Jaswant Singh (PW.1), the I.O., seized the articles on 15/6/1995. The search memo is Ex. P.4 and the specimen imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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