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SURESHWAR THAKUR, SUDEEPTI SHARMA
Deepak Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sureshwar Thakur, J.
Since all the criminal appeals/petition involve a substantial question of law relating to whether the whole case property is to be sent or whether a sample is to be sent from each vial or strip of tablets to the FSL for chemical examination, as such, the said common question of law is amenable to be decided through a common verdict.
2. The lead appeal in the bunch of 13 appeal(s)/petition is CRA-S 5190-SB-2015. The relief as claimed in the appeals (supra) is extracted hereinafter.
3. However, before proceeding to determine the validity of the espousal (supra), as raised in the lead criminal appeal (supra), it is deemed imperative to refer to the order of reference made on 02.0
Only representative samples of narcotic drugs need to be sent for testing, provided the entire bulk is homogeneously mixed, ensuring adherence to proper sampling procedures.
Failure to comply with mandatory sampling procedures under Section 52A of the NDPS Act invalidates the prosecution's case, leading to acquittal.
The prosecution must maintain an unbroken chain of custody for evidence; failure to do so can result in acquittal due to reasonable doubt.
Point of Law : Harsher the punishment, more is the strictness of proof required for the prosecution. The burden is always upon prosecution to prove the case against the person accused with proof beyo....
The prosecution must prove guilt beyond reasonable doubt, and failure to adhere to mandatory procedures under the NDPS Act undermines the case.
Thee amount of contraband, recovered from the respondent, cannot be held more than that which was sent to Chemical Analyst and was affirmed by Forensic Science Laboratory as a contraband.
Non-compliance with Section 52A of the NDPS Act, requiring samples to be drawn and certified by a Magistrate, vitiates the trial as it fails to produce primary evidence.
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