well those of the allegedly seized contraband, could be opened without
tempering the seals.
27. It is further submitted that Learned Special Judge failed ... CRCL for
analysis in the same condition and none had tempered with it before it
was examined by the comical Examiner. The first and foremost
Devlagan. He has further stated that the above
articles were not tempered with while the same were in his
custody in the malkhana ... production of the case property in this court and hence
tempering with the case property cannot be ruled out. It
has also been pointed
stated above sealed parcels,
form CRCL were remained intact and were not tempered in any
manner. He has further stated that further investigation was done ... sealed parcels remained in his possession, the same were intact
and not tempered with.
(viii) PW-8 HC Bijender Singh had joined investigation with
second
were kept by the police officials themselves therefore the possibility of tempering with the contents of the sealed parcel cannot be ruled ... established from stage to stage the fact that the sample was not tempered with. The prosecution could have proved from the CFSL form itself
challan indicating that the sample sent to the Cfsl have been tempered with and on this account it cannot be said that the recovery effected ... from which the only conclusion could be that it has been tempered with.
(4) On the other hand, the learned Counsel for the respondent submitted
seal, next day of the occurrence, therefore, possibility of case property being
tempered with cannot be ruled out.
As per allegations of the prosecution ... samples were still in custody of
the police station, therefore, possibility of tempering with the sample is not
ruled out. Another submission in this regard
sent to the CRCL, was not in the
sealed condition and was tempered with. In response
to this argument, LD. SPP submits that samples
sent to the CRCL, was not in the
sealed condition and was tempered with. In response
to this argument, Ld. SPP submits that sample Mark ... authority concerned to rule out any possibility of
false implication or tempering with the record or the
contraband. In the present case, the accused
taken the parcels to the police
station. So, the possibility of tempering with the parcels cannot be ruled
out. He has further submitted that ... Rishikesh in the FSL, so the possibility of tempering with the samples
cannot be ruled out, as the seal was well within the possession
prosecution case unless the defence is able to point out any
tempering with the sample. In this regard he relied upon the
judgment ... samples were dispatched with delay and no explanation was
given, the tempering with the sample can be inferred.
To counter this argument Ld. Addl
