Destruction of case property during trial

Out of the seized 54 kgs. charas only 270 grams was separated and sent to the Chemical Examiner, and remaining was destroyed on the request of the prosecution with permission of the Trial Court under S.516-A, Cr.P.C. without serving any notice to accused persons or their counsel during trial

Alleged destruction being violative to the due process of law and without providing an opportunity of hearing to accused persons, lacked legal sanctity

Expression "under its supervision and control, obtain and prepare such number of samples of the property as it may deem fit for safe custody and production before it or any other court", used in second proviso to S.516-A, Cr.P.C. was of importance

Object of said expression was obvious that the case property was at least once produced before the Trial Court before its destruction

Contrary to that, case property, in the present case was never produced before the Trial Court for preparation of sample before destruction

Non-issuance of notice to accused person before destruction of case property during the trial, was likely to cause a serious prejudice to the right of accused

Alleged destruction was violative of the due process of law.