The Supreme Court emphasized that Section 52A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) ensures safe disposal of contraband and procedural safeguards to maintain evidence integrity.
Key Principles Summarized
Beyond Disposal: Section 52A mandates inventories, photographs, and sampling in a magistrate’s presence to secure evidence.
Accused Presence Preferred: Sampling should involve the accused, though not necessarily at the seizure site.
Admissible Evidence: Proper compliance makes inventories and samples primary evidence, even without the contraband’s physical production in court.
Minor Lapses Not Fatal: Procedural lapses won’t harm the case unless they create significant doubt about evidence.
Evidence Assessment: Courts must take a holistic view of evidence, even with minor discrepancies.
Burden of Proof: Accused if shows non-compliance; prosecution must prove substantial compliance or justify that lapses don’t affect their case.
Case Outcome
The Supreme Court upheld the trial and High Court judgments, dismissing the accused’s plea for acquittal. It ruled that procedural non-compliance under Section 52A doesn’t undermine a case when strong evidence of recovery and possession is presented.
Conclusion
The Supreme Court has ruled that non-compliance with Section 52A of the NDPS Act is not always fatal to a case. It emphasized that procedural lapses must not overshadow the merit of the evidence. This judgment highlights the need for a balanced approach, ensuring justice without undue technicalities.
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