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20. Learned Counsel for the Union of India submitted that the slight reduction in the weight of the samples taken from the appellant and received by Government Opium Alkaloid Works, neemuch, due to loss of moisture cannot be said to be fatal to the case of the complainant, as in the instant case the appellant has not challenged the report of Government Opium Alkaloid Works, Neemuch Ex. P/34 before the trial Court. Learned Counsel further submits that in the instant case. P.W. 6 Jameel Ahmed who carried the samples to the Government Opium Alkaloid Works, neemuch has proved that the seal on the samples remained intact till it reached to Government Opium Alkaloid Works, Neemuch and his testimony has not been shaken in the cross-examination. The report of Government Opium alkaloid Works, Neemuch clearly reveals that it received two sealed paper packets through P.W. 6 Jameel Ahmed, the seals were intact and tallied with specimen of seal forwarded to it and therefore, it is clear that the seals on the samples remained intact till it reached to Government opium Alkaloid Works, Neemuch. Moreso, from the evidence of P.W. 1 and P.W. 6 it has been proved that the contraband opium and samples were sealed on the spot and seal thereon remained intact till samples reached to Government Opium Alkaloid Works, Neemuch. The depositions of these two witnesses were not challenged by the appellant as they were not cross-examined on this material point and therefore, necessary corollary is that the appellant did not want to challenge that version deposed in examination-in-chief. Thus, without there being any challenge to the seal having remained intact, mere reduction in the weight after lapse of some time cannot vitiate the trial of the case. Learned Counsel for the Union of India has relied on the decisions of Hon'ble Supreme Court in Madan Lal and Anr. v. State of Himachal Pradesh 2003 Cr.L.J. 3868 (SC), Pon Adithan v. Deputy Director Narcotics Control Bureau Madras 1999 Cri.L.J. 3663 SO, Ashok Kumar v. State of Haryana 2000 SCC (Cri) 506 and Saikou Jabbi v. State of Maharashtra .

21. In Madan Lal and Anr. v. State of Himachal Pradesh (supra), the Hon'ble Supreme Court held as under:

Coming to the plea that there was reduction in weight of the samples sent for analysis and there was tampering, it has to be noted that this aspect has also been considered by the trial Court which has recorded the reasons for rejecting the same. It has been noted that the seals were intact and there was no tampering. The view has been endorsed by the High Court. On considering the reasoning indicated that there was very minimal and almost ignorable variation in weight, we find no reason to interfere with the findings.

25. In the instant case the appellant has not challenged the report of Government Opium Alkaloid Works, Neemuch Ex. P/34 before the trial Court. Further, P.W. 6 Jameel Ahmed two carried the samples to the Government Opium Alkaloid Works, Neemuch has proved that the seal on the samples remained intact till it reached to Government Opium Alkaloid Works, Neemuch and his testimony has not been shaken in the cross-examination. The report of Government opium alkaloid Works, Neemuch Ex. P/34 clearly reveals that it received two sealed paper packets through P.W. 6 Jameel Ahmed, the seals were intact and tallied with specimen of seal forwarded to it and therefore, it is clear that the seals on the samples remained intact till it reached to government Opium Alkaloid Works, Neemuch and thus, in view of the aforesaid decisions of Hon'ble Supreme Court, the contention of the Learned Counsel for the appellant regarding reduction in weight vitiating the trial cannot be accepted.