HC: Improper handling of samples of Seized Narcotic substance leads to loss of its Sanctity as Evidence (Read Judgement)

In the present case, four packets containing suspicious powdery substance were found concealed in a ‘stroller bag’ from a Nigerian National. On testing with the ‘field testing kit’, the powder in each packet tested positive for heroin. The I.O., without weighing the contents of each individual packet, mixed the powder from all the 4 packets in one polythene bag polythene which when weighed with an electronic weighing machine totalled 1.5 kg and then drew the sample from the mixture

In the opinion of the High Court of Delhi, “the I.O ought to have adopted the procedure outlined in Para 2.4 of the Standing Order 1/89 [or para 1.7(a) of Standing Order 1/88] by drawing sample (in duplicate) from each of the 4 packets separately and then sending the samples for testing. The procedure adopted by the respondent in the present case for drawing samples neither conforms to the procedure prescribed under Section 52A of NDPS Act nor under the Standing Orders.”

The bench further observed that by mixing the contents of all the 4 packets before drawing any sample not only the sanctity of the case property in the individual packet was lost but also the evidence as to how much each individual packet weighed.

Having gone through the facts of the case and exposition of law referred above, Hon’ble Justice Manoj Kumar Ohri was of the view that the prosecution has failed to prove its case against the appellant beyond reasonable doubt. Consecutively, accused was acquitted.

Read the Judgement: