In Brief
Hanif Khan was prosecuted under the Narcotic Drugs and Psychotropic Substances Act for alleged illegal sale/purchase of narcotics with a co-accused who was acquitted. The key issue was whether the sample tested by the FSL was the same sample seized from the appellant. Finding that the identity and chain of custody of the sample were doubtful and unaddressed by the High Court, the Supreme Court allowed the appeal. The Court held that when an accused creates reasonable doubt about sample identity, the FSL Report loses evidentiary significance and the presumption of guilt can be rebutted. The appellant was discharged from bail conditions.
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