Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 8(c), 20(b)(ii)(c) & 52A—Recovery of 600 kgs. of dry ganja—Conviction—Non-compliance of provisions of Section 52A of the NDPS Act and violation of the standing order which has statutory force—Seized contraband had not been properly sealed—Contraband had been seized on 18.06.2010 but it had been produced in the Court for the first time on 03.07.2010—Possibility of tampering during this fifteen-day period cannot be totally ruled out and that not only has there been no substantial compliance of the standing order, the departure has also not been justified—Prosecution case is liable to fail and benefit of doubt extended to the appellants—Conviction set aside.
[Paras 14 to 16]