Amendment status not verified — confirm the current text below against the official source.
No evidence that substance recovered from accused same out of which sample taken and sent. - From the report of the Chemical Examiner it could not be inferred that what was examined by him was the same article which was sent to him through a messenger for chemical examination. having regard to the statement of the said messenger it could not be held beyond doubt that the substance which was recovered from the accused was opium and was the same out of which a sample had been taken and sent to the Chemical Examiner. There was thus clear break in the link of the chain of the evidence to prove that the accused was in possession of the opium. In this case the affidavit filed by the messenger it was not mentioned that he delivered the sample with seals in tact.