Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 8/22–Conviction–Sustainability–Flagrant violation of the mandate of provisions of Sec. 52A–Preparation of inventory and taking out the samples were made at the spot at the time of search and without ensuring presence of the Magistrate while allowing to draw representative samples–The prosecution case is fit to be discarded for this lapse alone–Only the police officials who are the party to the search are witnesses of search and seizure–No independent witness has been taken–Witness T who informed the SHO to check the motor-cycle and he signed on sealed packets, was also not examined–Conviction cannot be sustained.
