In Brief
The State of Uttar Pradesh appealed against the High Court's acquittal of the accused on charges of possessing charas (hashish) under Section 20(b)(ii) of the NDPS Act, 1985, and illegally transporting country-made liquor under Section 60 of the Excise Act, 1958. The accused was arrested in 1998 with 300 grams of charas. The High Court acquitted him, finding a significant delay (36 days) in sending samples to the laboratory and a lack of evidence regarding how the seized items were preserved and transported. The Supreme Court dismissed the appeal, holding that the High Court's acquittal was reasonable and not perverse, and that proper chain of custody evidence is essential in narcotic drug cases.
The lawyer headnote and full judgment text are available to registered users.