In Brief
The Union of India appealed against the High Court's acquittal of the respondent accused of drug trafficking under the NDPS Act. The prosecution had seized 600.4 kilograms of poppy straw from a truck but failed to produce the contraband material before the special Judge during trial, though it was produced before an Executive Magistrate. The Supreme Court held that non-production of primary evidence (the seized contraband) without explanation is fatal to the prosecution's case. Mere oral evidence and panchnama cannot discharge the prosecution's burden under the stringent NDPS Act. Affirming the High Court's acquittal, the Court dismissed the appeal, upholding that prosecution must produce seized contraband as material evidence during trial.
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