6 Thereafter, it was submitted that the prosecution case is that baggage of the applicant had already been checked in and the applicant had completed all the immigration formalities. In this connection, Mr. Khan submitted that the prosecution story that the narcotic drug was found in the checked in baggage, is palpably false. To support his contention, he contended that if the baggage had been checked in, the baggage tags would be on the suitcase and if the same are removed, then they would be damaged. In this connection, he has drawn my attention to the evidence of PW 9 Mr. Hamilton who has stated that if the baggage is weighed, the checked in tag is affixed on the baggage. He has stated that baggage tag once affixed to the bag, cannot be removed without damaging the tag. Mr. Khan pointed out that when the baggage tag was produced in the Court, the paper on the reverse side of the tag was still there which could not have been the case if the baggage tag had been pressed together as in order to paste the tag on the baggage, the paper on the reverse side of the baggage tag is required to be removed and the ends pressed together. Whereas Exh. 28 which is the baggage claim tag, the paper on the reverse side of the tag was intact.
