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The prosecution’s delay in sending seized live cartridges to a forensic lab has led to the release of man who was charged under the Arms Act.

A Delhi court made this observation while acquitting the accused, Pradeep, who had been accused of illegally possessing the live cartridges.

Pradeep was arrested Feb 14, 2003 in Badarpur area in south Delhi.

Metropolitan Magistrate Anuj Agarwal said this week: “The delay in sending the articles for examination (proved) fatal for the prosecution.”

The court said the prosecution failed to clarify the reason for the delay.

“There was an inordinate delay of more than seven months in sending the recovered articles to FSL (Forensic Science Laboratory). The recovery was made Feb 14, 2003 (but these) were sent to FSL Sep 19, 2003,” she said.

 


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