Supreme Court · 2009 INSC 637 · Decided 28 April 2009

State of Rajasthan v. Daul@ Daulat Giri

Court
Supreme Court of India
Citation
2009 INSC 637 · [2009] 7 S.C.R. 939
Case number
CRIMINAL APPEAL No. 18/2003
Decided
28 April 2009
Bench
ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NDPS Act Section 8, 18

Headnote

,., Narcotic Drugs and Psychotropic Substances Act, 1985 - ss. 8 and 18 - Respondent allegedly found in possession of contraband opium - Contraband samples collected for c chemical analysis - PW1, SHO deposited the samples with PW8, the Malkahna In-charge, who handed over the same to PW5 - PW5 office and gave the samples to 'J' at 10:00 a.m. and received back the samples from 'J' at 5:00 p.m the very same day and submitted D ... the same with FSL - Conviction of respondent by trial court - Set aside by High Court on the premise that non-examination of 'J' rendered the prosecution

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