https://www.taxtmi.com/caselaws?id=328792 Inconsistent evidence on sampling and testing can prevent proof of commercial quantity under the NDPS Act. Where witnesses differed on how samples were drawn and only one sample was sent for examination, the material was insufficient to establish beyond doubt that all recovered packets contained ganja, so conviction under Section 20(c) could not stand. However, where recovery of ganja from the vehicle itself was proved, the facts could still support the lesser offence under Section 20(b)(ii)(B). In that situation, the sentence already undergone may be treated as sufficient and the fine may be waived. en-us Wed, 20 Apr 2016 00:00:00 +0530 Thu, 17 Nov 2016 14:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=328792 Inconsistent evidence on sampling and testing can prevent proof of commercial quantity under the NDPS Act. Where witnesses differed on how samples were drawn and only one sample was sent for examination, the material was insufficient to establish beyond doubt that all recovered packets contained ganja, so conviction under Section 20(c) could not stand. However, where recovery of ganja from the vehicle itself was proved, the facts could still support the lesser offence under Section 20(b)(ii)(B). In that situation, the sentence already undergone may be treated as sufficient and the fine may be waived. Case-Laws Indian Laws Wed, 20 Apr 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=328792