Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 8 & 15(c)—Recovery of huge quantity of illegal opium powder from joint possession of appellants who were travelling in a truck—Appeal against conviction—Non-compliance of mandatory provisions of Section 52A of the NDPS Act—Samples drawn from the bulk could not treated as a valid piece of primary evidence in the trial—Failure of police team which carried out the proceedings of interception of truck search and seizure failed to lead primary evidence in regard to seized contraband and samples drawn therefrom, due to non production of bulk of the seized contraband and non drawing of samples in presence of the Magistrate—Conviction of appellants set-aside—Appeal allowed.
[Paras 32 & 33]