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Sujan Singh And Another vs State Of Haryana on 25 April, 2011

In 2008(3) RCR (Crl.) 520, Bhajan Singh @ Ghola vs. State of Punjab, recovery was of 3 kgs of opium from two accused. Joint offer was given as to whether they wanted to be searched before a Gazetted Police Officer or a Magistrate. Accused were also searched personally, but no recovery was effected from their person. Then held that mandatory provisions of Section 50 of the Act are required to be complied with.
Punjab-Haryana High Court Cites 10 - Cited by 0 - J Singh - Full Document

Kulwant Singh @ Kanti vs State Of Punjab on 8 February, 2011

Next submission of learned defence counsel for the appellants was that recovery was effected on 11.5.2004, whereas samples were sent to the office of Chemical Examiner on 18.5.2004. There was a delay of 7 days. As per instructions of the Narcotic Bureau Centre, samples should be sent within 72 hours. Possibility of tampering with the case property cannot be ruled out. Reliance was placed on 2008(3) RCR (Crl.) 520, Bhajan Singh @ Ghola vs. State of Punjab. But submission of learned defence counsel for the appellants seems to be not correct one. No doubt, recovery was effected on 11.5.2004. Case property was sealed by the IO with his own seal bearing impression `KS'. Seal impression was prepared separately. Seal after its use was handed over to ASI Ranbir Singh. On return to the police station, case property was produced before the SHO, who after verifying the investigation, had affixed his own seal on the sealed parcels bearing impression `HS'. Seal impression was also prepared separately. IO had deposited case property with the Incharge of Malkhana. On the next day, case property was withdrawn by the IO for production in the Court. Case property was produced before the Magistrate. Inventory was prepared. Magistrate had separated 100 grams from each bag to serve Crl.Appeal No. 1651-SB of 2008 12 as sample. Photographs of the case property were also got clicked. 70 samples and remaining poppy husk in the bags were sealed by the Magistrate with his own seal bearing impression `VK'. After production of case property in Court, case property was re-deposited with the Incharge of Malkhana. Seals were found intact and tallying with the seal impressions.
Punjab-Haryana High Court Cites 9 - Cited by 0 - J Singh - Full Document
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