(A) Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20(b)(ii)(C)–Recovery of Charas–Commercial quantity–Non-production of the seized contraband during the trial–The appellant was convicted under Section 20(b)(ii)(C) of the Act for possessing 2 Kg of Charas–Appeal against conviction–
Contention that the non-production of case property before the Trial Court is fatal for prosecution case–Held–The case property has to be produced physically and proved in accordance with law by either making it as mark or exhibit–Further held–Test memos not prepared at the time of recovery but on the next day-The preparing of seizure memo at a place other than scene of recovery makes the seizure defective and more it creates a serious doubt–Conviction set aside–Appeal allowed. (Paras 22, 25 and 29)
(B) Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20(b)(ii)(C)–Non-production of the seized contraband during the trial–To Proof–Held–It is incumbent upon the prosecution to establish that the contraband substance was seized from the appellant–The best way to prove such seizure to produce contraband material before the learned trial Court and mere oral evidence to establish seizure of the contraband substance from the appellant was not sufficient. (Para 24)