Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 18 read with Section 20—Recovery of charas—Appeal against acquittal—Recovered materials were neither weighed nor the sample taken was sealed—Difference in quantity of sample sent to FSL and material received by the laboratory—Deputy Advocate General could not explain the fact that when 50 grams of sample sent to the FSL according to the prosecution, under what circumstances, the laboratory received only 6 grams of material—It cannot be said that the prosecution has ruled out the possibility of sample parcel having not been tampered with by anybody till it reached before the Chemical Examiner—Circumstances make the case of prosecution a suspect—Acquittal upheld.
[Paras 20 to 22]