Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 8/15(c) & 8/25–Conviction–Sustainability–Mandate of Sec. 52A was not complied with at the appropriate stage–It vitiated the case of prosecution–Authority making search and seizure and taking out samples is bound to ensure the presence of Magistrate before entering into the exercise of photography–Witnesses of seizure have not supported that the seizure was made in their presence–Further, mixing of the samples prior to sending for FSL examination made difficult to ascertain that each bag was containing the contraband–Judgment of conviction deserves to be set aside.
