In Brief
The appellant was convicted under the NDPS Act for possession of poppy straw with intent to supply. The Supreme Court acquitted him after finding multiple fatal defects in the prosecution case. The bulk quantity of seized narcotics was never produced in court, and no proper Magistrate's order for disposal was obtained under Section 52A of the NDPS Act—a mandatory procedural requirement. Key panch witnesses turned hostile despite signing crucial documents. Most critically, a prosecution police witness (P.W.5) gave unchallenged testimony that the seized material existed at the police station before the alleged occurrence, destroying the seizure narrative. These cumulative irregularities created serious doubt, warranting acquittal under benefit of doubt.
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