Topic Details
Topics Headnote Judgement
ESSENTIAL COMMODITIES ACT, 1955 ECA ? Ss 3 & 7(1)(A)(2) ? Conviction ? Independent Witness ? Non examination of ? to corroborate the procedure of search and seizure ? Quantity of sample ? drawing up of ? sample of only 500 ml, when the requirement was to draw the sample of 750 ml ? Storing of sample ? no evidence to show that the samples were kept in proper sealed condition ? Delay in Analysis ? Held, entire procedure, was not free from suspicion? so far as drawing up of samples? sealing of samples ? sending the same to FSL was concerned? the report of FSL based on such samples, could not be relied upon for the purpose of convicting the accused ? Acquittal. (Para 7&8) PDF