Rajasthan High Court - Jaipur
State Of Rajasthan vs Jakir Hussain on 29 November, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Leave To Appeal No. 111 / 2017
State Of Rajasthan
----Appellant
Versus
Jakir Hussain
----Respondent
_____________________________________________________ For Appellant(s) : Mr. N.S. Dhakar, PP for State For Respondent(s) :
_____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 29/11/2017 1 Kg., 400 Gm. Ganja was recovered from the accused-
respondent.
Learned Public Prosecutor very fairly stated that recovery of more than 20 Kg. of Ganja constitute commercial quantity.
The trial court held that specimen samples from 16.4.2009 till 21.4.2009 remained with the Police Station. The trial court held that as per the prosecution, samples were taken out of Malkhana on 20.4.2009. The prosecution failed to prove that the samples so deposited remained in Malkhana as no entry in Malkhana register has been proved. The trial court held that the link evidence has not been established and the prosecution has failed to discharge the onus that from 16.4.2009 till 21.4.2009 or till the sample from Malkhana, reached Forensic Science Laboratory were not tampered with.
Finding of fact given by the trial Judge is based on (2 of 2) [CRLLA-111/2017] appreciation of evidence, hence, same cannot be termed perverse. Rather, the view formulated by the trial Judge is one view which is possible in the facts and circumstances of the case.
Hence, no interference is warranted. The application for leave to appeal is dismissed.
(KANWALJIT SINGH AHLUWALIA)J. Govind/