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Five-Day Gap in Sample Custody Breaches Chain, Supreme Court Acquits Two in NDPS Case
In a significant ruling underscoring the sanctity of in narcotics cases, the acquitted two men who had spent two decades entangled in a case under the . The bench of Justice Sandeep Mehta and Justice Manmohan held that the prosecution's complete failure to establish an —compounded by a five-day unexplained gap in the handling of seized samples—rendered the inadmissible and the conviction unsustainable.
A Seizure That Unravelled
The case dates back to , when Inspector Rajesh Tiwari of , received information that two men—one disabled—were carrying charas in bags. A raiding party apprehended Abdul Rajik and Govind near Bandariya Tiraha. From Abdul Rajik's bag, police recovered 1 kg of a black wick-like substance; from Govind's bag, 800 grams. Both were convicted by the in —Abdul Rajik to 10 years' rigorous imprisonment, Govind to 8 years—and their appeals were dismissed by the in .
On appeal, the Supreme Court was tasked with examining whether the prosecution had proven that the seized substance was indeed charas and whether the mandatory procedural steps under the NDPS Act were followed.
Arguments: Formal Compliance vs.
Counsel for the appellants argued that the prosecution failed to lead credible evidence regarding the identity of the contraband and that mandatory provisions of Sections 42, 50, and 52-A of the NDPS Act were not followed. They further contended that the sentence was disproportionate even if the conviction were sustained.
The State, however, maintained that the recovery was made from an open public place, rendering Sections 42 and 50 inapplicable, and that the trial courts had correctly appreciated the evidence. It argued that the police witnesses, especially the seizure officer, had no reason to fabricate the case.
The Missing Link: Chain of Custody Broken
The Court began its analysis by noting that since the recovery was from bags in a public place, Sections 42 and 50 were not attracted. However, the real trouble for the prosecution lay in the —the process that ensures the seized contraband and samples drawn from it remained safe, sealed, and identifiable from seizure until laboratory testing.
The seizure officer's testimony revealed fatal gaps. The sample (Exhibits P-23 and P-24) contained no indication that the sample packets were sealed with signatures or thumb impressions of the accused, , or the officer. When the was produced in court, the sample packets were not separately exhibited or identified. The report (Exhibit P-46) also failed to record any identifying marks on the samples.
More damning was the unexplained five-day period between the alleged dispatch of samples on , and their receipt at the on . The in-charge, Ramnath Pandey, did not produce any exit entry from the register, nor did the prosecution examine Constable Ramkrishna, who was said to have carried the samples. The forwarding letter (Exhibit P-45) bore the date December 1, but the report confirmed receipt only on December 6. No explanation was offered for the gap.
"This grave discrepancy and the gap of five (5) days, completely breaches the link in the chain of custody, which was required to be established if the prosecution was desirous of placing reliance on the
report,"
the Court observed.
with Section 52-A
The Court further noted that the seizure officer made no effort to comply with , which requires to be drawn in the presence of a Magistrate and a to be prepared. While the Court acknowledged that non-compliance with Section 52-A does not automatically vitiate a trial (citing and ), it held that is a relevant factor when assessing the integrity of the samples.
The Court distinguished this case from one of mere procedural delay, observing that here there was a complete failure to invoke the statutory mechanism designed to eliminate .
Key Observations
"It is clear that the has been totally breached leading total collapse of the . Resultantly, the Report loses its significance and must be discarded from consideration."
"The prosecution has offered no explanation whatsoever as to where and in whose custody the samples remained during the period between 1st December, 2004 and 6th December, 2004."
"The failure to draw in the presence of a Magistrate and the absence of a , in breach of , constituted lapses striking at the very root of the prosecution case."
Decision: Acquittal After Two Decades
Finding that the prosecution failed to prove an essential ingredient—that the substance recovered was charas —the Court set aside the convictions and sentences. The appeals were allowed, and Abdul Rajik and Govind were acquitted. Since both were on bail, they were discharged from their bonds.
The judgment reinforces the principle that in cases involving severe penalties, the prosecution must establish every link in the evidentiary chain with precision. are not mere technicalities; they are the bedrock of a .
