Difference in Sample leads to loss in evidentiary rigour : Punjab and Haryana HC
Dec 18, 2024
Last Updated on December 18, 2024 by Shianjany Pradhan
Punjab and Haryana HC has overturned a 20-year-old order whereby it convicted a man under the NDPS Act.
The issue was pertaining to the illicit trade of poppy husk, and for the same, he was sentenced to 12 years of imprisonment.
It was observed that the sample that was actually recovered was not the sample that was sent to the Forensic Science Laboratory.
It was decided by the division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma.
The court found that the accused had been falsely implicated in the case.
The evidentiary value has been lost since there was a discrepancy in the sample drawn and sent.
The court was of the opinion that the charges could not be cogently proved.
