Chain of custody in NDPS cases must be proved; missing custody link led to acquittal for ganja possession.

In an NDPS prosecution, conviction for possession of ganja cannot stand unless the prosecution proves an unimpeached chain of custody from seizure to chemical examination. The evidence here did not satisfactorily show that the seized gunny bag and sample remained in safe custody in the excise malkhana, and the relevant register entries or corroborative material were not produced. That missing link meant it could not be established that the very substance seized from the accused was examined by the laboratory. The conviction and sentence were therefore set aside, and the accused was acquitted on benefit of doubt.

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Issues: Whether the conviction for possession of ganja could stand when the prosecution failed to establish a safe and continuous chain of custody between the seized contraband and the sample sent for chemical examination.

Analysis: The prosecution was required to prove that the seized material remained in proper custody until the sample reached the chemical examiner. The evidence did not satisfactorily show that the seized gunny bag and sample were kept in the excise malkhana during the intervening period, and the relevant register or supporting entries were not produced. In the absence of corroborative material, the Court found a vital missing link in the prosecution case and held that it could not be ascertained that the very article seized from the appellant was examined by the laboratory.

Conclusion: The conviction was unsustainable because the prosecution failed to prove safe custody and the chain of custody of the seized contraband, and the appellant was entitled to the benefit of doubt.

Final Conclusion: The conviction and sentence were set aside and the appellant was acquitted.

Ratio Decidendi: In prosecutions under the NDPS Act, the prosecution must establish an unimpeached chain of custody and safe preservation of the seized substance up to chemical examination; failure to do so creates a missing link that entitles the accused to acquittal.

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