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2003 Supreme(SC) 1233

State Of Gujarat – Appellant
Versus
ISMAIL U HAJI PATEL – Respondent


ORDER


1. Heard the learned counsel for the parties.

2. The State of Gujarat is in appeal against the judgment of acquittal passed by a Division Bench of the Gujarat High Court. Six persons faced trial for alleged commission of offences punishable under Section 22 read with Section 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the Act"). Out of the six persons, four were acquitted by the trial court and two were convicted who filed an appeal before the High Court. In support of the appeal primarily two pleas were raised; first related to alleged non-compliance with the requirements of Section 55 of the Act and the second related to the question of custody of the alleged contraband articles after seizure. On both grounds the High Court found against the prosecution.

3. In support of the appeal, learned counsel for the appellant State submitted that the material on record justifies the conviction which was made by the trial court. The Police Inspector who had made the seizure had deposed that he had deposited the articles at the police station. Therefore, on the basis of the report submitted by the Forensic Science Laboratory on 1-5-1991, the conviction sh






























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