In Brief
Vijay Pandey was convicted under Sections 8 and 15 of the NDPS Act for alleged possession of 10 kg of opium and sentenced to 15 years imprisonment. The Supreme Court set aside his conviction, finding critical lapses in the prosecution case: (1) non-compliance with Section 50 requiring search in presence of a magistrate; (2) failure to establish that the sample tested in the laboratory was the same as the seized sample; (3) absence of independent witnesses despite the seizure occurring in a residential locality. The Court held that mere production of a laboratory report confirming narcotics, without establishing the chain of custody, is insufficient for conviction under the NDPS Act. The appellant was acquitted and released.
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