NDPS contraband handling safeguards require substantial compliance; material lapses and possible tampering can defeat conviction.

In NDPS prosecutions, substantial compliance with statutory safeguards on seizure, sealing, storage, sampling and disposal of contraband is essential. Here, the seized substance remained with the investigating officer for about fifteen days, was not properly sealed, and the procedure under Standing Order No. 1/89 was not substantially followed; there was also clear non-compliance with Section 52A. As the possibility of tampering could not be ruled out and the prosecution failed to show that the defects caused no prejudice, the conviction could not be sustained and the accused were entitled to the benefit of doubt.

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Issues: Whether non-compliance with the safeguards under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Standing Order No. 1/89, together with the manner in which the seized contraband was handled, vitiated the prosecution case and entitled the appellants to acquittal.

Analysis: The seized contraband remained in the custody of the investigating officer for about fifteen days before being produced in Court, and the record showed that it was not properly sealed. The procedure prescribed for sampling, storage and disposal under Standing Order No. 1/89 was not substantially complied with, and the investigating officer was unaware of the standing order. The evidence also disclosed clear non-compliance with Section 52A. In these circumstances, the possibility of tampering could not be ruled out, and the prosecution failed to discharge the burden of showing that the non-compliance did not prejudice its case.

Conclusion: The conviction could not be sustained, and the appellants were entitled to the benefit of doubt.

Ratio Decidendi: In prosecutions under the Narcotic Drugs and Psychotropic Substances Act, 1985, substantial compliance with the statutory safeguards governing seizure, sealing, storage and sampling of contraband is essential; where material non-compliance leaves a real possibility of tampering and the prosecution does not dispel that prejudice, the conviction cannot stand.

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