NDPS Act — Seizure, sampling and chain of custody — Section 52-A — Representative samples drawn at spot; absence of independent witnesses; minor variation in sample weight — convictions sustained.
Where official raiding party intercepted a vehicle and seized 23.500 kg ganja, drew two representative samples at the spot, sealed them, produced seized material and samples before the Magistrate and forwarded one sealed sample for chemical analysis with the other kept in judicial custody, the prosecution established chain of custody and identity of samples notwithstanding absence of independent lay witnesses at the seizure site and a minor reduction in sample weight. Procedural lapses or delayed compliance with Section 52-A of the NDPS Act are not ipso facto fatal; conviction may be sustained where the irregularity does not affect the integrity/identity of the material and the remaining evidence inspires confidence. Minimum sentence for commercial quantity under s.20(b)(ii)(C) is mandatory and cannot be reduced on mercy grounds by the court.
RATIO DECIDENDI
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Non-examination of independent witnesses: The non-presence or non-examination of independent witnesses at a seizure site is not automatically fatal where official witnesses give coherent, consistent and corroborative testimony and no material contradictions are elicited in cross-examination.
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Scope of Section 52-A (sampling): Strict or ideal compliance with Section 52-A is desirable; however, mere procedural deviation or delayed compliance does not vitiate prosecution unless it causes discrepancies that undermine identity, integrity or chain of custody. Courts must assess whether irregularity casts reasonable doubt on the core evidence.
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Minor variance in sample weight: Small reduction in sample weight between seizure and laboratory receipt, explained by drying/loss of moisture, does not, by itself, destroy the evidentiary value of the sample.
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Sentencing in commercial quantity: Where statutory minimum punishment is prescribed for commercial quantity possession under the NDPS Act, the court lacks power to reduce below the mandatory minimum on humanitarian grounds (remission is executive).
ISSUE — HOLDING — REASONS (concise)
ISSUE
Whether convictions under Sections 8(c) r/w 20(b)(ii)(C) and 8(c) r/w 29(1) of the NDPS Act can be sustained where (i) representative samples were drawn at the spot (alleged non-compliance with Section 52-A), (ii) no independent lay witnesses attested the seizure mahazar, and (iii) there was a minor variation in sample weight between seizure and laboratory analysis.
HOLDING
Yes. The Supreme Court upheld conviction and sentence. Procedural irregularities were minor and did not impair identity, integrity or chain of custody of the seized ganja or the samples; scientific report and official witness testimony collectively proved guilt beyond reasonable doubt. Court cannot reduce mandatory minimum sentence for commercial quantity.
REASONS (summary)
• Official witnesses (raiding team) gave consistent, corroborative evidence; no material contradictions were brought out in cross-examination. Non-examination of independent witnesses, where none were available at site, is not fatal.
• Following precedents (including recent authority clarifying Section 52-A), mere non-compliance or delayed compliance with sampling formalities is not fatal unless it creates discrepancies affecting the integrity/identity of the substance. Here the Magistrate recorded samples, one sample was forwarded to FSL sealed and intact, the other retained judicially; the laboratory confirmed cannabinoids and certified intact seals.
• The marginal weight reduction (about 50g → 40.6g) was satisfactorily explained by drying and loss of moisture in the interregnum — a normal physical effect — and did not undermine identity.
• There was no evidence of tampering, substitution or broken seals; chain of custody remained intact.
• Sentencing: statutory minimum for commercial quantity under s.20(b)(ii)(C) is mandatory; court cannot temper it on humanitarian or social grounds — executive remission remains the proper channel.
