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Issues: (i) Whether the conviction under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained when the contents of two separate pouches recovered from the metallic box were mixed before sampling. (ii) Whether the conviction under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 based on recovery of cocaine from the rear pocket of the appellant's lower garment was sustainable.
Issue (i): Whether the conviction under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained when the contents of two separate pouches recovered from the metallic box were mixed before sampling.
Analysis: The seized material from the metallic box was not tested packet-wise before being combined. The officer first removed the contents of both pouches, put them together, and only then applied the field test and drew samples. In a case where punishment depends on the nature and quantity of the substance recovered, the sample must be representative of each seized packet. By mixing the contents first, the prosecution failed to establish that each pouch contained methamphetamine and also failed to prove the actual quantity recovered from the appellant.
Conclusion: The conviction under Section 22(c) was unsustainable and was set aside, in favour of the appellant.
Issue (ii): Whether the conviction under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 based on recovery of cocaine from the rear pocket of the appellant's lower garment was sustainable.
Analysis: The recovery of cocaine from the appellant's person was consistently deposed to by the official witnesses. Two samples were drawn from the recovered powder, and the chemical examination report confirmed the presence of cocaine in the tested sample. No material was shown to doubt the seizure, the sampling process, or the integrity of the sample sent for analysis.
Conclusion: The conviction under Section 21(b) was sustained, against the appellant.
Final Conclusion: The appeal succeeded only to the extent of the conviction and sentence relating to methamphetamine, while the conviction for cocaine remained intact.
Ratio Decidendi: Where seized substances are recovered in multiple packets, the prosecution must establish the nature and quantity of each packet through proper representative sampling before mixing them together; failure to do so defeats the conviction based on quantity-dependent liability.
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