https://www.taxtmi.com/caselaws?id=293205 An NDPS conviction based on recovered opium was found unsafe where the first chemical examination of the sample was negative, a later second report was obtained with judicial permission, and the surrounding facts raised a real risk of tampering. The Court noted that the only independent witness was not examined, the witness appeared to be a stock witness, and the seals remained with police officials rather than an independent person. It further held that, absent a statutory NDPS mechanism for a second test, a later report can be relied on only in exceptional circumstances after the initial adverse report is convincingly displaced. The later CFSL report was not preferred and the conviction and sentence were unsustainable. en-us Wed, 30 Mar 2011 00:00:00 +0530 Fri, 29 Jan 2021 17:27:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293205 An NDPS conviction based on recovered opium was found unsafe where the first chemical examination of the sample was negative, a later second report was obtained with judicial permission, and the surrounding facts raised a real risk of tampering. The Court noted that the only independent witness was not examined, the witness appeared to be a stock witness, and the seals remained with police officials rather than an independent person. It further held that, absent a statutory NDPS mechanism for a second test, a later report can be relied on only in exceptional circumstances after the initial adverse report is convincingly displaced. The later CFSL report was not preferred and the conviction and sentence were unsustainable. Case-Laws Indian Laws Wed, 30 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293205