JUDGMENT - S.M. DAUD, J.:---This appeal takes exception to the conviction and sentence recorded against the appellant for the commission of an offence punishable under section 20 (b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereafter referred to as "the Act". 2. A police force led by P.S.I. Jadhav and including Head Constable Pathan was patrolling the Divansha Darga area of Bhiwandi City on 8-12-1987. Near a water pond in the compound of the Darga, the party came across the appellant who showed signs of alarm. Suspecting something amiss, they caught the appellant and searched his person. In the course of this search, they came across a plastic bag containing 25 charas capsules. The same were attached under a panchnama which is at Exhibit 6. The appellant was brought to the police station along with the property where Head Constable Pathan wrote a report which is at Exhibit 8. An offence was registered and the attached property sent to the Forensic Science Laboratory. The certificate received from that laboratory is at Exhibit 12 and it is positive. 3. The appellant pleaded not guilty. 4. The only witnesses examined at the trial were Head Constable Pathan, panch Hakil and P.S.I. Jadhav. The testimony of Pathan and Hakil established the apprehension of the appellant, the taking place of the search of his person and the finding of a plastic bag containing charas tablets. Jadhav speaks of the registration of the offence and the despatch of the attached property to the Forensic Science Laboratory. The certificate from the Laboratory is at Exhibit 12. What is lacking in the prosecution case, is, its failure to examine the constable who carried the property from the police station to the Laboratory. That failure is fatal and upholding this contention raised by learned Counsel Mr. Shetye, we quash the conviction and sentence recorded against the appellant. 5. The appeal is allowed and the appellant acquitted of the offence punishable under section 20(b)(ii) of the Act. Fine, if paid, be refunded to the appellant and the appellant be set at liberty forthwith unless wanted in connection with some other case. Appeal allowed. *****