The FSL report cannot be read as evidence when samples aren’t drawn in compliance with S.52A: Supreme Court
Case Title : Mohammed Khalid and another versus The state of Telangana
Case No: Criminal Appeal No(s).1610 of 2023
Decided on: 10th November,2022.
Quorum: Judge Mehta
Facts of the case:
Mr.M.Srinavasa Rao, Inspector of Police received an information on 8th May,2009 regarding that the transportation of ganja by two persons from Sangareddy to Hyderabad in a Toyota Qualis Vehicle. It is alleged that three bundles of ganja weighing 80kgs found lying in the vehicle were seized. Both the persons were arrested and interrogated at the spot itself. Three samples weighing about 50 grams were drawn from each bundle and remaining muddamal ganja. Another sample was sent for investigation. After that charge sheet has filed on them. They sent for an appeal to high court. First time high court rejects and then after asking again for an appeal they will reconsider it. And they reinvestigate the case. Three samples were changed into 7 samples. That samples does not have any seals or identification marks .So they will not consider it as an evidence because it is not in a correct way.
Legal Provisions:
Section 20(b) of NDPS Act it deals with Narcotic drugs.
Section 313 of CrPC it deals that it questions the accused.
Section 374(2) of CrPC it deals that high court rejects judgement of trial court.
Contentions:
They go to appeal in high court and the evidences which are produced by police are not under safe custody. Both the accused were caught red handed in the vehicle with drugs. When they investigated and they said that they are supplying for two persons.
Court Analysis and Judgement:
It passed to high court of state of Telangana on 10th November,2022.Trial court sentenced that each of them to undergo rigorous imprisonment for the period 10 years and to pay fine of 1 lakh each. The evidences are reconsidered. But the evidences are not sealed by the trail court. They didn’t even took permission from the court regarding changing the evidences as 3 bags to 7 bags. The evidences are not in safe custody. So they cannot consider these evidences for the case. Affirming the judgment of the trial court convicting and sentencing the accused appellants for the charge under Section 8(c)read with 20(b)(ii)(c) of the NDPS Act is hereby quashed and set aside. The appellants are acquitted of all the charges. They are in custody and shall be released forthwith, if not wanted in any other case. The appeals are accordingly allowed.
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Judgement Analysis Written by – K. Immey Grace