Personnel and during course of evidence, they have substantiated the prosecution version over apprehension of appellant along with 52 kg. of ganja while intruding inside Indian territory after crossing the border at pillar no.423 but, from their evidences, it is evident that mandatory provisions as required to be followed by the prosecuting agency have completely been ignored. Neither in the written report nor during course of evidence PW.5, informant had narrated that he had barred over the information regarding seizure of ganja along with apprehension of an accused to his superior officials and in likewise manner, due to non-examination of the Investigating Officer, the steps having at his end, if any is found completely blank. Apart from this, there also happens to be complete lacking at the end of the prosecution over whether sample was prepared as, none had stated that at the P.O. or at the SSB outpost sample was prepared nor there happens to be evidence with regard to sealing of the seized article though, during crossexamination PW.5 had tried to explain the same. Not only this, it is also evident that material exhibit has also not been produced before the court.
