Mitter in his cross-examination had stated that
Form No.29 (CFSL Form) was filled up by SHO Mandip Singh (PW4) in
the Police Station ... Police Station by the SHO. The writing on the CFSL Form
was not in his hand. It was in the hand
CFSL through
Constable Ravinder. Constable Ravinder (PW 4) also deposed
that on 09.02.1996 he had taken the sample parcel to CFSL
with CFSL Form ... page 13
-:12:-
CFSL Form to CFSL authority alongwith sample. Thus, it is not
established that CFSL Form was also sent alongwith the
sample
under Section 15 of the Act. He further submitted that the
CFSL Form, was not prepared, at the spot, and, as such, it could ... that, there is no
provision of law, for the preparation of CFSL Form, at the spot. He
further submitted that the prosecution case
next submitted by the Counsel for the appellant, that
no CFSL Form, was prepared, at the spot, but, was fabricated, later on,
as a result ... appear to be correct. There is no provision of law, that CFSL Form,
should be prepared, at the spot. The CFSL Form, is prepared, while
next submitted by the Counsel for the appellant, that
CFSL Form, was not prepared, at the spot, as a result whereof, the case ... appear to be correct. There is no
requirement of law, that CFSL Form, should be prepared, at the spot,
by the Investigating Officer. The CFSL
case of the prosecution comes under
clouds. More the worse, CFSL form was neither prepared on the spot nor
deposited in the Malkhana. In Gurcharan ... Head Constable and not to the public witness. Since the CFSL form was
not prepared at the spot, it was held therein that preparation
over to independent witness and it remained with police officials.
Even CFSL Form was not prepared at the spot. In such like circumstances,
the possibility ... where the seals remained with the police
after use and the CFSL form was neither prepared on the spot
nor deposited in the Malkhana, such
State of Punjab , 2006(2) RCR
(Criminal) 477.
In this case, CFSL form was neither prepared on the spot nor
deposited in the Malkhana ... Head Constable and not to the public witness. Since the CFSL form was
not prepared at the spot, it was held therein that preparation
case of the prosecution comes under
clouds. More the worse, CFSL form was neither prepared on the spot nor
deposited in the Malkhana. In Gurcharan ... Head Constable and not to the public witness. Since the CFSL form was
not prepared at the spot, it was held therein that preparation
also held by the Hon'ble High Court that CFSL
Form ought to have been returned alongwith the remnants of the
sample after analysis ... cannot be FSL
form.
41. There is another aspect as regards FSL form. Till date the
said form has not seen light
