In Brief
The appellant was convicted under Section 15 of the NDPS Act for possession of poppy straw and sentenced to ten years rigorous imprisonment. The Supreme Court set aside the conviction on appeal, holding that the prosecution failed to establish its case beyond reasonable doubt. Although the investigating officer testified that the poppy-husk bags were deposited in the Malkhana (evidence store) and produced in Court, there was no documentary evidence supporting this claim. The witness admitted the bags were never actually produced, no Malkhana In-charge signature was obtained, and no entry was recorded in the Rojnamcha or Malkhana Register. The Court held that actual production of case property and verification of seals are essential in narcotics cases to rule out foul play. The appeal was allowed and the conviction was set aside, entitling the appellant to acquittal."
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