2023 SCMR 1009
Safe transmission of samples to the Forensic Science Laboratory not established --- Effect --- Benefit of doubt --- In the present case recovery was effected on 3.7.2015 whereas the sample parcels were received in the office of Forensic Science Laboratory on 15.7.2015 through a police constable , but the said constable was never produced by the prosecution to establish the safe transmission of the sample parcels to the concerned laboratory and there was no explanation as to why such evidence was withheld --- Due to such defect on the part of the prosecution it could not be held with any degree of certainty that the prosecution had , succeeded in establishing its case against the accused person beyond any reasonable doubt ---
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