Conviction Overturned Due to Inadmissible Affidavits and Lack of Evidence Linking Seized Poppy Husk to Chemical Report.

The petitioner was initially convicted under Section 9 of the Opium Act, but upon criminal revision, the HC found the conviction improper due to inadmissible affidavits and lack of link evidence. The affidavits were improperly verified, failing legal admissibility standards, which undermined the connection between the seized poppy husk and the Chemical Examiner's report. The reliance on these affidavits by the trial and appellate courts was incorrect. Consequently, the HC set aside the conviction and sentence, acquitting the petitioner and granting the benefit of the doubt, with no costs imposed.

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Issues:
Conviction under Section 9 of the Opium Act based on lack of link evidence and admissibility of affidavits.

Analysis:
1. The petitioner was convicted under Section 9 of the Opium Act and sentenced to imprisonment and a fine. The appeal against the conviction was dismissed, leading to the current criminal revision petition.

2. The defense argued that there was no link evidence regarding the sample of poppy husk and the verification of affidavits was not in conformity with legal provisions. The prosecution's case involved the recovery of poppy husk from a truck, with samples taken and sealed for testing.

3. The prosecution's case detailed the recovery of poppy husk from a truck during a police operation. Various exhibits were seized, and the Chemical Examiner's report was obtained as evidence.

4. Witnesses, including the Investigating Officer and Excise Inspector, testified during the trial. The Chemical Examiner's report and affidavits were presented as evidence, but no independent witnesses were involved in the proceedings.

5. The judge heard arguments from both sides and reviewed the case records thoroughly.

6. The defense's argument regarding the inadmissibility of affidavits due to improper verification under Section 297(2) of the Code of Criminal Procedure was considered.

7. The verification of the affidavits was found to be defective, similar to a previous case judgment cited for reference.

8. Citing a previous judgment, it was emphasized that affidavits verified based on knowledge and belief do not meet legal requirements for admissibility.

9. The judge concluded that the affidavits in this case were not admissible in evidence due to improper verification, impacting the link between the sample tested and the report provided by the Chemical Examiner.

10. The reliance on inadmissible affidavits by the trial court and lower appellate court was deemed incorrect, leading to the petitioner's acquittal due to lack of link evidence and benefit of doubt.

11. The conviction was deemed illegal, and the judgment of conviction and sentence were set aside, resulting in the petitioner's acquittal without any costs imposed.

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