court. Evidence of PW1 is that the alleged contraband was taken into custody and out of the same 180 ml. was taken as sample for chemical examination and the sample bottle and the can containing the balance arrack was covered with a cloth and a label was also affixed. So it is the seal of the excise authorities which would have been affixed on the sample taken for chemical examination, but in Ext.P5 forwarding note, the sample seal provided is that of the magistrate court concerned. This Court has time and again reiterated that the absence of seal in the forwarding note is detrimental to the case of the prosecution in proving that it is the same sample which was drawn from the contraband seized from the accused, which eventually reached at the hands of the chemical examiner by changing of hands in a tamper proof condition. Since the specimen seal affixed on the forwarding note is that of the jurisdictional court, there is no occasion for the chemical examiner to verify the seal affixed on the sample bottle and compare the same with the specimen seal affixed on the forwarding note which is admittedly that of the jurisdictional court.
