Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8/22 & 8/29–Conviction–Sustainability–Flagrant violation of the mandate of the provisions of Sec. 52A–The entire exercise of search, seizure, and taking of samples was made at the spot at the time of search and without ensuring the presence of the Magistrate while allowing to draw representative samples–The prosecution case is liable to be discarded for this lapse alone–None of the prosecution witnesses who are the members of the raiding team, have disclosed the names of persons who did not agree to be the witnesses of the search–Delay in sanding the samples to FSL–Conviction is liable to be set aside.
