...seized articles are said to have been kept in the malkhana on 20-5-1995, the malkhana register was not produced to prove that it was so kept in the malkhana till it was taken over by PW 6 on 5-6-1...judgment of the High Court. Apart from other reasons recorded by the High Court, we find that the link evidence adduced by the prosecution was not at all satisfactory. In the first instance, though the...

...pointed out that receipt of Ex. P-29 by which the contraband was handed over to Malkhana does not mention the description of seal by which the contraband was sealed, even the malkhana register has not been...P.W 2 Makhanlal, Malkhana incharge has admitted that the copy of malkhan register has not been filed along with the charge sheet and malkhana register has also not been produced in...register not produced during trial, upheld the order of acquittal recorded by the High Court with the observation that one of the vital limbs coupled with other factors has given a fatality to the...

...seal.Another flaw in the prosecution case is is that neither the MHC of the Malkhana has been examined nor the Malkhana register produced or proved. Admittedly, PW3 constable Rajinder Kumar took the ...charas was re-sealed or was deposited in the Malkkhana. If, it was deposited, why was the malkhana register not produced? Why has no witness been examined to prove with whom the case property was kept...the case property or not. In examination-in-chief this witness does not state whether the case property was kept in the Malkhana. However, in cross examination he stated that the case property was...

...recovery. The case property was deposited with PW7 MHC Rajinder Singh, in the Malkhana on the same day at 4 P.M and its entry was made in the Malkhana register (not produced).8. On 6th March...the copy of R.C was not produced and proved during the trial of the case.9. On the analysis of the samples, it tested positive for Charas. The Chemical Examiner found resin 39.73 per....4. The raiding party reached the house of the respondent and conducted the search, but they could not lay hands to illicit liquor, however during the search of the house, a polythene bag...

...not file any document to show that the property was kept in malkhana. The malkhana register was not produced in the Court. The FSL report (Exhibit P-11) does not disclose ab.... Ishaq Ansari) and A-2(S.A. Shafiullah) but when Investigating Officer PW-5 appeared in the witness box, he produced seven packets wherein the contraband was packed. These packets were not having any seals...document to show that where the property was kept in Maalkhana. I did not produce any Maalkhana register in this case. The property was sent to FSL after two months of its seizure. The FSL report, does not...

...received in the office of chemical examiner. It could be proved by producing malkhana register or G.D. of lock up and producing the concerned police officials who took such article in intact condition to the office of chemical exami...case-Though the seized article claimed to have been kept in malkhana on 20.5.1995 till it was taken over on 5.6.1995, but malkhana register not produced in support thereof- No sample of seal sent..., (1998) 8 SCC 449 that "Seal on sample sent to the Analyst not produced in Court for verification" Article seized on the railway platform and seal of station master use...

...produced and the Register of the Malkhana has also not been produced. The link evidence is totally missing, hence the conviction is bad in law.The learned Public Prosecutor has submitted tha...the concerned laboratory and the Head Constable, Malkhana and the Malkhana Register have not been produced before the court below and Sita Ram has also not been produced to prove this fac...deposited the concerned opium and the samples to the Malkhana In-charge. Malkhana In-charge has not been produced and to establish this fact, Register of Malkhana has also not been ...

...police malkhana of plant-site police station and nothing else is available on record would not arise. Significantly however, no reason whatsoever has been ascribed as to why the malkhana register could not...the malkhana register. On this ground, the High Court recorded that the malkhana register has not been tendered in evidence and acceptance of the oral statement of PW5 that the articles were in the...of the Act are now settled to be only directory and not mandatory in nature, the question of non-production of the malkhana register though vital, but the success of a case does not and cannot depend...

.... Malkhana for safe custody. Malkhana register of those dates showing deposit, removal, further deposit and further removal between 28.01.2008 to 30.01.2008 as testified by P.Ws.10 and 12 being not ...precautionary measures taken to avoid tampering of A-1 and B-1 brought on record. In such circumstances, when the Malkhana register showing entries with effect from 28.01.2008, 29.01.2008 and 30.01.2008 not ...absence of independent corroboration. That apart, the questioned brass seal being not produced in Court and its whereabout being not known and particularly when relevant Malkhana register not...

...proved to show that 'A-1' and 'B-1' received back from the Court of the SDJM, Berhampur on 29.01.2008 were re- deposited in P.S. Malkhana for safe custody. Malkhana register of those dates showing deposit, removal, further ...' brought on record. In such circumstances, when the Malkhana register showing entries with effect from 28.01.2008, 29.01.2008 and 30.01.2008 not produced and proved, and particularly when that sample...questioned brass seal being not produced in Court and its whereabout being not known and particularly when relevant Malkhana register not produced and proved to establish safe custody of ...

...the NCB forms along with sample of seals used in the Malkhana. Even abstract of the Malkhana register has not been produced and proved in order to lend strength to his version. Pertinently on...the Malkhana Register.7. On 13.8.2001 one of the samples parcel was sent through PW6 constable Parkash Chand for its examination to CTL Kandaghat. He after its deposit obtained receipt...receipt of the deposit was handed over to him on 16.8.2001 Even that receipt was not produced during the trial of this case. Further, it is not understood when constable aforesaid had deposited the sample...

...brass seal was released in his zima. That brass seal was also not produced. When there is no evidence on record that sample packets were kept in safe custody, Malkhana register not produced and pr...seizure. He was the custodian of the Malkhana, he himself retained the key and Malkhana register with him. The whereabout of the brass seal is also not known. That apart, the evidence of P.W.6...Special Judge, he produced the sample packets before the SDJM, Malkanagiri for onward transmission to SFSL, Bhubaneswar and deposited the 3 bulk packets and 3 other sample packets in Court malkhana...

...his signature to show that after seizure and sealing of seized articles and sample packets, the brass seal was released in his zima. That brass seal was also not produced. When there is no evidence on record that sample packets were...date of seizure. He was the custodian of the Malkhana, he himself retained the key and Malkhana register with him. The whereabout of the brass seal is also not known. That apart, the evidence of P.W...produced the sample packets before the SDJM, Malkanagiri for onward transmission to SFSL, Bhubaneswar and deposited the 3 bulk packets and 3 other sample packets in Court malkhana...

...malkhana register were not produced on the record.As per the statement of PW4 Constable Diwan Ram and PW5 Investigating Officer Umed Singh Danu, sample so drawn by PW1 S.I Kailash Singh...satisfactory. In the first instance, though the seized articles are said to have been kept in the malkhana on 20-5-1995, the malkhana register was not produced to prove that it was so kept in the ...28.02.2011 to 07.03.2011 Moreover, if sample was handed over to PW4 Constable Diwan Ram on 07.03.2011 as to why same was delivered to F.S.L on 10.03.2011 In the absence of malkhana register, it cannot be...

...substance alongwith samples is said to have been deposited, has not been cited as a witness. Malkhana register has not been produced before the Trial Court and the relevant entries in regard to deposit...pleaded not guilty to the charges framed against them under Section 8/15 NDPS Act and claimed to be tried, prosecution made a bid to establish complicity of accused by adducing...of contra band is said to have been effected nor the Executive Magistrate who conducted resealing have been cited as prosecution witnesses. Even the Incharge Malkhana in whose custody the recovered...

...also found that malkhana Mohirrir was not examined before the Court. Malkhana Register was not produced before the Trial Court. It is also important fact that prosecution wholly relied upon the FS...contraband was 03 rdAugust 2018which is prior to the incident. Prosecution did not explained this mistake neither Malkhana Mohirrir was examined nor the Malkhana Register was produced before...order 1/89 of NDPS Act. On this ground itself the impugned judgment is liable to be set aside. Learned trial court has not properly considered with the fact that the precaution has failed to prove the...

...has not been produced. The Malkhana register has also not been produced.5. The next evidence to connect the case property with the report is the statement of PW-9 Gopal Dass who sta...Two independent persons Kewal Krishan (PW-1) and Karam Chand (not examined) were associated with the investigation. The raiding party reached the shop of the accused and after giving introduction the...-compliance of Section 55. The law is well settled that non-compliance of Section 55 by itself is not fatal to the case of the prosecution. The provisions of Section 55 have been held to be directory and...

...country-made gun (katta) from the house of accused- Vishal, the same was properly kept in malkhana of police station. She has not produced malkhana register before adducing evidence...Apex Court has held that seizure of the article was not properly proved by prosecution because of the fact that when malkhana register is not produced during adducing the evidence to prove that...through the malkhana register which was not proved that the seized country-made gun (katta) was kept properly in malkhana, no article was executed during the course of trial, so...

...missing. The malkhana incharge and the malkhana register were not produced in the court below. Thus, the prosecution has failed to prove its case beyond reasonable doubt.It was also...official witnesses, who have stated about the search of bus, recovery of opium, sealing of samples etc. It also reveals that the malkhana incharge and malkhana register was not produced. It has simply...considering all the aspects of the matter, rightly convicted and sentenced him and was further rightly upheld by the appellate court, which does not warrant any interference by this court.I...

...officer to keep the material seized in safe and proper custody so as to rule out any tampering with the same. The malkhana incharge has not been produced nor the malkhana register is proved during the...has stated that in his examination that the packet was deposited in the FSL and for three days the packet remain the malkhana of the Police Station. However, as stated above malkhana register has not been ...give Philip to the statement of the witness. The oral evidence that packet was deposited in the malkhana is not sufficient to presume that the contraband was in proper custody during...