hearing before this Court".
2. That was a case where muddamal/physical evidence as to
recovery of bulk quantity of heroin was not produced ... cases from the Advocates and to list all cases where the
`muddamal' (material object) was not produced in the Court and
also the cases
inspiring confidence.
3) Serious discrepancy in allegedly seized poppy straw
(contraband) and Muddamal deposited in Malkhana
inasmuch as seizure memo indicates total quantity of
poppy ... relation to serious
discrepancy in allegedly seized contraband from the appellants
and Muddamal deposited with Malkhana. Undeniably, as per
prosecution case, total 17 bags; twelve
which the recovery was
effected, he deserves to be acquitted;
(ii) The muddamal allegedly seized by the Seizure Officer
Rajiv Joshi was not produced ... state owning to exposure by elements. Thus, he contended
that as the muddamal was not produced in the court, it has to
be presumed that
read in evidence against the accused. He further submitted that the Muddamal was not produced and exhibited by the prosecution at the trial despite opportunity ... prejudice was caused to the appellants by the non-production of the muddamal in the court. He submitted that the two samples articles
read in evidence against the accused. He further submitted that the Muddamal was not produced and exhibited by the prosecution at the trial despite opportunity ... prejudice was caused to the appellants by the non-production of the muddamal in the court. He submitted that the two samples articles
weight of the samples collected by the Seizure
Officer because the entire Muddamal was not presented and
exhibited in the Court in the selfsame condition ... after mixing the contents of the bags. It is
contended that the muddamal, which was
produced in the Court was not bearing the seal
chits
Singh (PW-14), it is apparent that prosecution did not
exhibited seized muddamal in the same condition in which it was
recovered. The bags which ... escape from
the conclusion that no evidence was given about the seized
muddamal by exhibiting it in the self same condition in the Court
held in presence of Panchas and
thereafter bodies were sent for autopsy. Muddamal
motorcycle, tractor, Kulhari, pant, shirt, key and other articles
recovered were sent ... police vide Ex.P/45.
18.The third circumstance is of Muddamal articles such as Kulhari,
pant and shirt worn by accused, mobile phone
challenge
his conviction. He contends that the prosecution did not prove the
Muddamal of the case in the selfsame condition. In order to fortify
this ... Chaina Ram and pointed out
that while exhibiting the Muddamal bags, the witness did not state
that the same were having any identifying marks
recorded that the seal which was used to seal
the Muddamal and the samples etc was marked on the column of
the seizure memo. However ... bears a
remark at the end that the seal appended on the Muddamal was
also affixed on the column of the panchnama which does
