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.”

Previous Posts

The acceptance of rent by the landlord after the receipt of a quit notice from the tenant does not constitute a waiver of the quit notice: Kerala High Court

Considering an employee’s absence as ‘dies-non’ is a punitive measure that cannot be imposed without providing an opportunity for a hearing: J&K High Court

An employee opting for promotion under the diploma quota is deemed ineligible for further promotion under the degree qualification quota: Kerala High Court

Bihar Hindu Religious Trusts Act, the State Religious Trust Board is obligated to adhere to the principles of natural justice and hear the affected person: Patna High Court

The Gujarat High Court nullifies an income tax assessment order citing violations of Section 144B of the Income Tax Act

Related Articles

• AP High Court overturns a troubling conviction under the NDPS Act, stating that it was unfair to place the burden on the accused to prove they did not own the cultivated land
• Andhra Pradesh High Court Reaffirms Mandatory 30-Day Timeframe for No-Confidence Motions in Municipal Bodies
• While the Railway Vigilance Manual is procedural, its significance should not be disregarded, as it serves to protect employees from false implications: Andhra Pradesh High Court