NDPS Act -- Break in Chain of Custody of Sample -- Unexplained gap in chain of custody of seized sample renders FSL report inadmissible and vitiates conviction
(i) Narcotic Drugs and Psychotropic Substances Act, 1985, S.20 -- NDPS Act -- Break in Chain of Custody of Sample -- Prosecution must establish, through proper link evidence, that samples were properly sealed and remained in safe and secure condition from seizure till receipt at the FSL. An unexplained gap between dispatch and receipt of samples, absence of identification marks or signatures on sample packets, and non-examination of the carrier witness breach the chain of custody. Once this link is broken, the FSL report loses evidentiary value and cannot be relied upon to establish recovery of a contraband substance. (ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.52A -- NDPS Act -- Total Non-Compliance with Sampling Procedure -- Mere delayed or partial non-compliance with Section 52A does not by itself entitle the accused to acquittal where sufficient material otherwise establishes the search and seizure was conducted in accordance with the Act. However, total non-compliance with Section 52A is a relevant factor in assessing whether the link evidence establishing safe custody of samples has been proved.
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