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Supreme Court of India 2016-01-18 allowed

State Through Narcotics Control Bureau vs Yusuf @ Asif & Ors

Bench: 2 — Arun Mishra

In Brief

In this narcotic drugs case, the State challenged a High Court acquittal of persons convicted at trial for possessing and transporting heroin. The sole issue was whether a discrepancy in the seal number (11 vs. 12) on a godown receipt fatally discredited the prosecution's evidence that the seized heroin was genuinely sent for chemical analysis. The Supreme Court held that the High Court erred by ignoring material evidence—including forwarding memos, seal facsimiles, magistrate endorsements, and the chemical examiner's report—which collectively proved the articles sent for analysis were identical to those seized. A minor clerical error by one official does not negate comprehensive documentary and testimonial proof of continuity. The case was remitted for reconsideration.

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Narcotic Drugs and Psychotropic Substances Criminal Law Evidence Chain of Custody

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