Unsealed contraband and tampering risk defeated NDPS conviction; court found the sample integrity doubtful and ordered acquittal.

A conviction under the Narcotic Drugs and Psychotropic Substances Act could not be sustained where seized contraband remained unsealed for nearly two months and there was no reliable proof of its integrity during that period. The prolonged non-sealing created a genuine doubt about tampering and made it unsafe to conclude that the sample sent for chemical analysis was the same as the seized material. Because this evidentiary defect went to the root of the prosecution case, the Supreme Court held that the conviction could not stand and the accused was entitled to acquittal.

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Issues: Whether the conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained when the seized contraband remained unsealed for a substantial period, creating a possibility of tampering.

Analysis: The seized ganja was kept in the custody of the investigating agency for nearly two months without being sealed, and there was no reliable evidence that the articles remained intact during that period. Although the prosecution relied on safe custody, the prolonged non-sealing of the contraband created a genuine doubt about the integrity of the sample sent for chemical examination. In such circumstances, the possibility that the seized material and the sample examined were not the same could not be ruled out. The evidentiary defect went to the root of the prosecution case.

Conclusion: The conviction could not be sustained and the appellant was entitled to acquittal.

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