1993 (4) TMI 303

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....learned Sessions Judge, Thiruvananthapuram under Section 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985 ('NDPS Act' for short) and sentenced to 10 years R.I. and to pay a fine of Rs.one lakh, in default of payment of which to further undergo R.I. for one year. The appeal preferred by her was dismissed by the High Court. 2.  On 3.10.1987 in the evening at about 5.45 P....

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....the main contentions before both the courts below was that there was inordinate delay in sending the seized article to the Magistrate and that there is no evidence worth mentioning whether the article seized was sealed and if so when. Therefore, according to the learned Counsel for the appellant, it is highly doubtful whether the very article seized was sent to the Chemical Examiner. 4.  W....

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....egal question in this case. Suffice it to say that the article seized appears to have been not kept in proper custody and proper form so that the court can be sure that what was seized only was sent to the Chemical Examiner. There is a big gap and an important missing link. In the mahazar Ex.P.2 which is immediately said to have been prepared, there is nothing mentioned as to under whose custody i....

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.... material object was sealed but still he claims that he made the necessary application for sending the material object for chemical examination and it is only through P.W.7 that the Chemical Examiner's Report is marked. P.W.7 further admitted that he did not even know when it reached the court We are constrained to say that the investigation in this case has been perfunctory and on important a....