Non-production of seized contraband is not fatal when seizure, custody, and forensic linkage are otherwise proved.

Non-production of the entire seized contraband is not, by itself, fatal under the NDPS Act where seizure is otherwise proved and the sample chain of custody remains intact. Earlier acquittal decisions were distinguished because they turned on doubts about seizure, custody, and forensic linkage, not on a rigid rule requiring exhibition of the whole bulk in every case. Where the seizure is trustworthy, samples are properly drawn and sealed, and the recovery is supported by cogent evidence, bulky narcotic material need not be brought to court. On the stated facts, the seizure of poppy husk was proved, the seizure memo bore the accused's signature, and the conviction was restored with modification of sentence.

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Issues: Whether the non-production of the entire contraband before the trial court, by itself, vitiated the prosecution case and justified acquittal under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The earlier decisions relied upon for acquittal did not lay down a rigid rule that failure to produce the whole seized narcotic substance, by itself and in isolation, must result in acquittal in every case. Those decisions turned on the totality of circumstances, including doubts about seizure, custody, and the link between the seized material and the forensic report. Where seizure is otherwise proved by cogent evidence, the entire bulk need not be produced if it is bulky or impracticable to bring to court. What remains necessary is proof that samples were properly drawn, sealed, kept intact, and tested, and that the seizure itself is trustworthy. On the facts, the seizure of 223 kg of poppy husk was found to be conclusively established, the seizure memo was signed by the accused, and there was no challenge undermining the authenticity of the recovery.

Conclusion: The High Court was not justified in discarding the prosecution case solely because the entire contraband was not exhibited, and the conviction recorded by the trial court was restored. The sentence was reduced to rigorous imprisonment for ten years, with the fine and default sentence left undisturbed.

Final Conclusion: The appeal succeeded, the acquittal was set aside, and the respondent's conviction under the NDPS Act stood revived with modification of sentence.

Ratio Decidendi: Non-production of the entire seized contraband is not by itself fatal where seizure is otherwise proved and the sample chain of custody and forensic linkage remain intact.

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