Chain of custody in NDPS cases requires reliable link evidence; missing custody records and seal comparison undermined conviction.

The prosecution must prove an unbroken chain of custody and satisfactory link evidence in NDPS cases to establish that the samples produced are the same as those seized. Here, the absence of the malkhana register left the period of storage unverified, and the sample seal was not sent for comparison with the seal on the sample bottles. These omissions cast doubt on the integrity of the seals and the identity of the seized articles, so the link evidence was held inadequate and the acquittal stood.

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Issues: Whether the prosecution proved an unbroken chain of custody and satisfactory link evidence to sustain the conviction for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The seized articles were stated to have been kept in the malkhana, but the malkhana register was not produced to establish their safe custody until they were taken over by the witness. The sample seal was also not sent with the sample to the laboratory for comparison with the seal on the sample bottles. These omissions created doubt about whether the seals on the samples remained intact and whether the articles produced were the same as those seized.

Conclusion: The prosecution failed to prove the link evidence satisfactorily, and the acquittal was upheld.

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