2011 (3) TMI 1419

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....l.   2. The appellant accused Madhukar Pallerala and coaccused Ramesh Maduriklha both resident of village Challagarige, District Warangal, Andhra Pradesh were apprehended in course of Nakabandi at Green Grass Hoffer chowkey on Bhau Daji Road, Matunga, Mumbai in the early hours of 16.12.2004. Both of them were traveling in a taxi bearing no. MH01J7823. The appellant accused Madhukar was found seated on the rear seat with black coloured rexine bag and the coaccused Ramesh was found seated next to the driver of the taxi. Search of the rexine bag led to recovery of 17.5 Kg. of ganja leaves. Two samples of 50 gms. were duly drawn in the presence of the panchas and ganja was seized. A crime was registered at CR No.3 of 2004 under Sections....

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....d 50 of N.D.P.S. Act, 1985. He submitted, however, the prosecution suffered from infirmity in the evidence which rendered the prosecution's case of seizure of ganja leaves a questionable proposition. In order to acquaint this court with infirmity in evidence, he took the court through the entire evidence and pointed out that nowhere the seizing officials or any private individual examined as pancha or eyewitnesses had identified the substance seized at the material time as the one which was presented before the court, and sent to CA for further forensic investigation. From the evidence of PW4Damodar Ratnapa Tharkar P.C. the mystery regarding the seized articles deepened further with the fact that the sample envelopes given to him were kept ....

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.... said bag as ganja. However, he proceeded to depose that two samples were drawn from the said contents of the bag and the same were packed and sealed in the paper packets and the paper packets were signed by him. He identified the rexine bag and the sample packets shown to him in the course of his evidence. He identified seizure panchanama (Exh.13) and vouched its contents as correct. Nowhere in his evidence PWTilakraj Uppal identified either the contents of the rexin bag or the contents of the sample packets shown to him in course of his evidence. It is this infirmity in the evidence which was made trump card in the present appeal on the basis of the proposition that identity of the contraband seized remained questionable.   9. Mrs....