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Supreme Court of India 2024-03-01 allowed

MOHAMMED KHALID AND ANOTHER vs THE STATE OF TELANGANA

Bench: 2 — B.R. Gavai, Sandeep Mehta

In Brief

Four accused were convicted for possession and trafficking of 80 kg of cannabis under the NDPS Act, 1985. Three bundles were seized from a vehicle during transit in May 2009. The appellants challenged the conviction. The Supreme Court allowed the appeals and acquitted all accused, finding fatal flaws in the prosecution case: (1) a critical discrepancy in the number of samples (the seizure officer handed one to the accused, leaving only two, yet three samples reached the FSL); (2) complete absence of chain-of-custody evidence; (3) non-compliance with Section 52A procedures; and (4) the conviction of two accused rested solely on inadmissible police interrogation notes. The Court found the evidence contradictory and unconvincing.",

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Narcotic Drugs and Psychotropic Substances Act Criminal Procedure Evidence Chain of Custody Confessions Drug Offences

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