Mandatory Section 52A compliance for narcotics inventory and sampling is essential; failure can render the conviction unsustainable.

Non-compliance with the mandatory procedure under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 can vitiate the prosecution where the seized contraband is not inventoried, certified by the Magistrate, and sampled in the Magistrate's presence as required by law. The Court noted that the record did not show certification of the inventory or the sample list, and sampling before a gazetted officer did not satisfy the statutory mandate. Without a certified inventory and certified representative samples, the seized material could not be treated as primary evidence. The defect went to the root of the case, and the conviction was set aside.

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Issues: Whether non-compliance with the procedure under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 in preparing the inventory and drawing representative samples of the seized contraband vitiated the conviction.

Analysis: Section 52A requires the seized narcotic drugs or psychotropic substances, after seizure and forwarding, to be inventoried with identifying particulars and to be produced before the Magistrate for certification of the inventory, photographs, and list of samples drawn in the Magistrate's presence. The record did not show that the inventory was certified by the Magistrate or that representative samples were drawn in the presence of the Magistrate and duly certified. Drawing samples before a gazetted officer was held not to satisfy the statutory mandate. In the absence of certified inventory and sample list, the seized material and the samples could not be treated as primary evidence. The failure went to the root of the prosecution case and rendered the trial unsustainable.

Conclusion: The conviction was set aside for non-compliance with the mandatory procedure under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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