Explosive Substances Act | The Andhra Pradesh High Court overturns a conviction, citing a delay of over 2 years in sending the sample for forensic analysis
Case: Kola Mani v. The State of A.P
Coram: Justice A.V. Ravindra Babu
Case No.: CRIMINAL APPEAL No.452 OF 2009
Court Observation: “So, their case was that on 01.08.2003 the gelatin sticks were destroyed after preserving the substance therein for the chemical analysis. When that was the situation, the prosecution did not explain as to why there was delay of 2 years 4 months in sending the sample.”
“So, when there was abnormal delay of 2 years 4 months in sending the sample to the Forensic Science Laboratory, the chain of custody of the sample was not proved.”
“So, what is evident is that under the guise of material objects in Crime No.84 of 2003, the sample that was preserved on 20.11.2005 was sent to the Director, Forensic Science Laboratory, Red Hills, Hyderabad. So, not only the prosecution failed to explain the delay in sending the sample and even otherwise the evidence on record goes to prove that the substance that was preserved on 01.08.2003 was not at all forwarded but on the other hand a different sample preserved on 20.11.2005 was forwarded.”
“So, when the own documents relied upon by the prosecution presents serious infirmities in the prosecution, the very conviction of the accused for the charge under Section 5 of the Explosive Substances Act is not at all sustainable.”
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