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    <title>2018 (1) TMI 63 - ALLAHABAD HIGH COURT</title>
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    <description>In narcotics prosecutions, conviction cannot be sustained unless the prosecution proves secure custody, proper sealing, and a reliable chain of identification linking the seized substance to the sample tested by the laboratory. Although the accused was informed of the right to be searched before a Magistrate or Gazetted Officer, material gaps remained in the evidence: the seal on the seized property was not shown to match the spot seal, the sample seal was not proved to have been compared in court, custody in the malkhana was not clearly established, and there was an unexplained discrepancy between the quantity sent and the quantity received by the forensic laboratory. Non-examination of independent witnesses further weakened the case. The conviction was set aside and the accused was acquitted.</description>
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    <pubDate>Fri, 22 Dec 2017 00:00:00 +0530</pubDate>
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      <title>2018 (1) TMI 63 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=353327</link>
      <description>In narcotics prosecutions, conviction cannot be sustained unless the prosecution proves secure custody, proper sealing, and a reliable chain of identification linking the seized substance to the sample tested by the laboratory. Although the accused was informed of the right to be searched before a Magistrate or Gazetted Officer, material gaps remained in the evidence: the seal on the seized property was not shown to match the spot seal, the sample seal was not proved to have been compared in court, custody in the malkhana was not clearly established, and there was an unexplained discrepancy between the quantity sent and the quantity received by the forensic laboratory. Non-examination of independent witnesses further weakened the case. The conviction was set aside and the accused was acquitted.</description>
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      <pubDate>Fri, 22 Dec 2017 00:00:00 +0530</pubDate>
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