Representative sampling in narcotics recovery is essential; defective sampling and custody gaps defeated the conviction and led to acquittal.

Where charas was allegedly recovered in multiple packets, the conviction could not safely rest on chemical analysis of samples that were not drawn representatively from each packet. The Court held that mixing small pieces from different packets, without ensuring a fair sample of each seized packet, left the chemical report unable to prove that the entire recovery was contraband. Discrepancies in the seizure version and the chain of custody further created doubt. The appellant was therefore given the benefit of doubt, and the conviction and sentence were set aside with acquittal.

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Issues: Whether the conviction for possession of charas under the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained when the samples sent for chemical examination were not drawn representatively from each seized packet and the prosecution evidence on seizure and custody created doubt.

Analysis: The seized substance was allegedly found in eight packets kept in a polythene bag, but the investigating officer drew two samples by taking small pieces from the packets and mixing them. In such a situation, where different packets may not all contain contraband, the sample sent for examination must fairly represent the recovered material from each packet. If the sampling method is defective, the chemical report cannot safely establish that the whole quantity seized was contraband. The surrounding discrepancies in the prosecution version and the challenged chain of custody strengthened the doubt.

Conclusion: The conviction could not be sustained and the appellant was entitled to the benefit of doubt.

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

Ratio Decidendi: Where contraband is allegedly recovered in multiple packets, failure to draw representative samples from each packet renders the chemical result unsafe to extend to the entire recovery and entitles the accused to benefit of doubt.

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