Law: Penal Code (XLV of 1860)

Section: 269,270,337-J

(a) Penal Code (XLV of 1860)--- ----Ss.269, 270, 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of a poison---Appreciation of evidence---Benefit of doubt---Delay in sending the recovered material for chemical analysis---Effect---Prosecution case was that 35-packets of Gutka Supari in two sacks were recovered from the vehicle driven by accused---Use of said material malignantly spread the infection of diseases dangerous to life as it contained intoxicants/unwholesome drugs---Record showed that the parcel of material was sent to the Chemical Examiner after three days for which no plausible explanation was furnished by the prosecution---Person who brought the property to the Chemical Examiner was also not examined by the prosecution to explain as to where the property was kept for three days---Said fact alone was sufficient to disbelieve the recovery---Report of Chemical Examiner showed that 02 packets of Gutka were received at the laboratory, whereas Road Certificate showed that both the sacks containing 35 packets each were sent for chemical examination---Road Certificate, did not mention about the two packets which were separated, one from each sack, at the time of recovery for chemical examination and were sealed separately---Case of prosecution became doubtful---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss.269, 270, 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of a poison---Appreciation of evidence---Benefit of doubt---Prosecution case was that 35-packets of Gutka Supari in two sacks were recovered from the vehicle driven by accused---Use of recovered material malignantly spread the infection of diseases dangerous to life as it contained intoxicants/unwholesome drugs---All the witnesses were on same line that police recovered two sacks containing 35 packets in each and they separated one packet from each sack for chemical examination and sealed the remaining…

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