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1 - 4 of 4 (0.23 seconds)Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Aji @ Sasidharan vs State Of Kerala on 5 August, 2011
In Sasidharan's case (supra), learned
Single Judge had occasion to consider an appeal preferred from the
Central Prison by a convict for an offence under Section 55(a) of the Act.
Facts in the case showed that though properties were seized by PW5 in
the case from the accused and it reached the court on 16.05.1998, he had
not drawn any sample from the alleged contraband. It was also found that
PWs 3 and 4 were also in charge of the investigation. None of the officers
made a requisition to the court to draw sample from the contraband
produced in the court. Further, no forwarding note was submitted before
the court requesting the learned Magistrate to take and forward sample for
chemical analysis. In this factual background, learned Single Judge
observed that the prosecution should fail in the absence of evidence
regarding as to who drew the sample for chemical examination and on
what date the sample was despatched to the Chemical Examiner's
Laboratory.
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