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Supreme Court of India 2019-07-30 allowed

Vijay Pandey vs State of Uttar Pradesh

Bench: 2 — Navin Sinha

In Brief

The appellant was convicted under Sections 8 and 15 of the NDPS Act for possession of 10 kg of opium allegedly recovered from his house. The Supreme Court acquitted him, holding that the prosecution failed to establish the chain of custody linking the seized sample to the laboratory-tested substance. The court noted critical procedural breaches: no independent witnesses despite a residential locality, non-compliance with Section 50 (right to search before magistrate), and no recovery memo. The mere production of a laboratory report, without proof that it tested the actual seized sample, cannot sustain a conviction under the NDPS Act."

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Narcotic Drugs Criminal Procedure Evidence Search and Seizure Chain of Custody

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