https://www.taxtmi.com/caselaws?id=352351 Recovery of charas from a motorcycle dicky was found unsafe to sustain because the prosecution failed to prove a reliable recovery and custody chain, proper malkhana deposit, clear sealing, and timely dispatch of the sample to the laboratory. The court treated the case as a chance recovery rather than a prior-information search, so the prior-authorization safeguards were not applied in the same manner as a planned search; however, the remaining evidentiary gaps still undermined the prosecution case. With no proof of ownership of the motorcycle, no seizure of the vehicle, and insufficient evidence of conscious possession, the burden under the NDPS Act was not discharged and the conviction could not stand. en-us Wed, 15 Nov 2017 00:00:00 +0530 Wed, 13 Dec 2017 08:27:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=352351 Recovery of charas from a motorcycle dicky was found unsafe to sustain because the prosecution failed to prove a reliable recovery and custody chain, proper malkhana deposit, clear sealing, and timely dispatch of the sample to the laboratory. The court treated the case as a chance recovery rather than a prior-information search, so the prior-authorization safeguards were not applied in the same manner as a planned search; however, the remaining evidentiary gaps still undermined the prosecution case. With no proof of ownership of the motorcycle, no seizure of the vehicle, and insufficient evidence of conscious possession, the burden under the NDPS Act was not discharged and the conviction could not stand. Case-Laws Indian Laws Wed, 15 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=352351