https://www.taxtmi.com/caselaws?id=277603 In an NDPS prosecution, the Court found the recovery and possession of opium were not proved beyond reasonable doubt because of major contradictions in the CFSL form, seal handling, and link evidence. The Court reaffirmed that strict proof of foundational facts and an unbroken chain of custody are essential in narcotics cases, and held that the defects created a serious possibility of tampering or interpolation. Delay in sending the sample was not fatal, and Section 42 did not apply because the recovery was from a public place, but these points did not cure the evidentiary infirmities. The conviction and sentence were therefore unsustainable, and the appellant was acquitted. en-us Thu, 13 May 2010 00:00:00 +0530 Thu, 13 Dec 2018 09:55:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277603 In an NDPS prosecution, the Court found the recovery and possession of opium were not proved beyond reasonable doubt because of major contradictions in the CFSL form, seal handling, and link evidence. The Court reaffirmed that strict proof of foundational facts and an unbroken chain of custody are essential in narcotics cases, and held that the defects created a serious possibility of tampering or interpolation. Delay in sending the sample was not fatal, and Section 42 did not apply because the recovery was from a public place, but these points did not cure the evidentiary infirmities. The conviction and sentence were therefore unsustainable, and the appellant was acquitted. Case-Laws Customs Thu, 13 May 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277603