Sample weighing ten grams

Police searched not only beneath the rear seat of car but also opened CNG tank, which was not possible without the help of mechanic or mechanical instruments and that too when police party did not know whether it was filled with gas or not and there was every possibility that it might blast

Time of arrest stated by one prosecution witness was 7 a.m., whereas time of occurrence was shown to be 7-30 a.m. and the same was clear on record that arrest was made prior to the occurrence

Contraband allegedly recovered was not produced in Trial Court, rather case property which was brought to Trial Court belonged to some other case

Recovery memo did not show any mention of F.I.R. number and only ten grams of sample was sent to Forensic Science Laboratory for analysis and accused could be held liable for having ten grams Charas

High Court set aside conviction and sentence awarded to accused by Trial Court and he was acquitted of the charge, as there were contradictions and lacunas in prosecution case and accused was wrongly convicted

Appeal was allowed in circumstances.