Criminal Revision No.2172 of 2008 (O&M) : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: October 21, 2008 Babu Ram ...Petitioner VERSUS State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.N.S.Shekhawat, Advocate, for the petitioner. ***** RANJIT SINGH, J. Twenty eight packets of smack weighing 100 grams each were separated as samples in case of recovery of the contraband on 25.5.2001 from a young Nigerian boy at Zirakpur Bus Stand. Petitioner Babu Ram was posted as SHO, Police Station, Sector 19, Panchkula from 17.3.2001 to 5.6.2001 and was responsible for Criminal Revision No.2172 of 2008 (O&M) : 2 : recovering the smack. The samples were sealed with seal `BR' by the petitioner and were ultimately sent to FSL, Madhuban on 23.9.2002. The report filed by the police would indicate that the aforesaid 28 packets of samples were received intact at FSL, Madhuban by Manju Rani and Kishore Kumar. Later on, the samples were opened for the purpose of analysis, when it revealed that from two packets of the samples, the contraband was found missing. One packet was completely empty, whereas in the remaining packet the quantity contained was very less. It was, thus, found that the contraband has perhaps been misappropriated. On the basis of this evidence, the charge has been framed against the petitioner and other accused, who had dealt with the packets at Madhuban. The petitioner has impugned the order framing charge against him on the ground that he cannot be held responsible for the loss/misappropriation as the samples were received intact at FSL, Madhuban. The court has rightly observed that either the contraband went missing while the samples were lying at Madhuban or the contents had been misappropriated at the time of seal. S.K. Nagpal, who was SSO at FSL, Madhuban and under whose supervision the persons, named Manju Rani and Kishore Kumar, had received the samples has since been acquitted by Special Court, Panchkula. Shri S.K.Sangwan Assistant Director, FSL, Madhuban, who thereafter remained incharge of the Almirah was not arrayed as an accused. On the basis of the material collected, the court has viewed that prima facie case for commission of offence against the petitioner, who was the SHO and who had sealed the samples would be made Criminal Revision No.2172 of 2008 (O&M) : 3 : out and so to the persons, who were responsible to keep the samples in safe custody at FSL, Madhuban. It will be a matter of evidence to see if there was no misappropriation at the time of sealing of the samples. The view that possibility of two samples having been sealed without the contraband is possible and it is not appropriate to take a different view on the basis of material collected so far. It will be a matter of evidence to be proved at the trial. No infirmity is seen in the order framing the charge against the petitioner. The revision is dismissed. October 21, 2008 ( RANJIT SINGH ) ramesh JUDGE