In Brief
The appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for offences related to poppy straw. However, the Supreme Court allowed his appeal and acquitted him, finding that the prosecution failed to establish its case beyond reasonable doubt. The critical deficiency was the failure to produce the seized contraband (poppy-husk) in court, coupled with the absence of proper documentary evidence of its deposit in the police Malkhana. The investigating officer admitted during cross-examination that he did not obtain the Malkhana In-charge's signature, did not record the deposit in the official record (Rojnamcha), and the Malkhana register contained no entry of the seized property. The Court held that without actual production of the case property and verification that the seals matched those on analysis samples, the prosecution could not rule out foul play or establish its case reliably.
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