of Rajasthan Vs. Gurmail Singh  Insc 127 (23 February 2005)
& Arun Kumar B.P.Singh, J.
have heard counsel for the State.
appeal has been preferred by the State of Rajasthan against the judgment and order of the High Court of Judicature for
Rajasthan at Jodhpur in Criminal Appeal No.392 of 1996
dated May 6, 1998. The Respondent who had been found
guilty of the offence under Section 8 read with Section 15 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the
Act) was sentenced to 10 years rigorous imprisonment and a fine of Rs.1 lakh by
the learned Special Judge, N.D.P.S.Cases, ...2/- -2- Sri Ganganagar in Sessions
Case No.15 of 1995. The Respondent preferred an appeal before the High Court
which was allowed by the High Court by its impugned judgment and order.
have perused the judgment of the High Court. Apart from other reasons recorded
by the High Court, we find that the link evidence adduced by the prosecution
was not at all satisfactory. In the first instance, though the seized articles
are said to have been kept in the malkhana on 20th May, 1995, the Malkhana register was not produced to prove that it
was so kept in the malkhana till it was taken over by PW-6 on June 5, 1995. We further find that no sample of
the seal was sent along with the sample to Excise Laboratory, Jodhpur for the purpose of comparing with
the seal appearing on the sample bottles.
there is no evidence to prove satisfactorily that the seals found were in fact
the same seals as were put on the sample bottles immediately after seizure of
the contraband. These loopholes in the prosecution case have led the High Court
to acquit the respondent.
-3- We find no error in the judgment of the High Court.
appeal is, therefore, dismissed.