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Only under such circumstances, it has been held by the Honourable Apex Court that the prosecution has not proved the guilt of the accused beyond any reasonable doubt and accordingly, allowed the appeal preferred by the accused.

But the facts of the above said case will not be applicable to the facts of the case on hand. In this case, P.W.16, an analyst, who is higher in cadre of Saraswathi, who had received the sample contrabands for analysis from P.W.3, has disposed in this case. According to her, the entire 53 samples of the contrabands connected with this case were received with requisition letter of the Court under Ex.P.29 with seal intact condition by Saraswathi only in her presence and that she only distributed the sample packets to Sarswathi and other analysts for analysis. In this case P.W.3, an intelligence officer, has received the samples from the Court and handed over the same to the chemical analyst, has been proved by the prosecution by examining P.W.3 and P.W.16.