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17. Ld. APP for state has heavily relied upon testimony of PW5 i.e. Ct. Dal Chand. It has been submitted by Ld. APP that the seizure memo Ex.PW4/D on the basis of which the recovery was effected from FIR No. 78/99 PS Badarpur 9 of 11 State vs. Pop Singh accused has been duly proved by Ct. Dal Chand and therefore it has been proved that the accused was in possession of forged ration cards/ counterfeit seals and other forged documents. I cannot but disagree with Ld. APP for state. Though the factum of recovery at the instance of accused has been proved by PW5, however, in my considered view in absence of any scientific/ expert evidence, very recovery from accused becomes innocuous. It was incumbent upon prosecution to send the recovered seals/ ration cards and other documents for expert opinion like CFSL to prove that the same were forged and counterfeit or at least put them to the person to whom the same purports to belongs. However, nothing of this sort was done in the present case. In the absence of any scientific and expert evidence, there is nothing on record to prove that the recovered articles were actually forged or counterfeit one and therefore charges U/sec. 474/476 IPC also fails against accused.

18. Before parting, I may express my serious displeasure over the manner in which the investigation has been conducted in the present case. The concerned investigating officer took no pains whatsoever in collecting any scientific /expert evidence qua forged documents/ counterfeit seals. The conduct of concerned investigating officer is FIR No. 78/99 PS Badarpur 10 of 11 State vs. Pop Singh negligent to say the least. It seems that either he was not competent to investigate the matter or he conducted the investigation with ulterior motive.