Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8/22–Conviction–Sustainability–Magistrate deposed that on 18.02.2021 again the sealed packets were opened in her presence and samples were taken out of and inventories were prepared–Specific evidence that the samples were taken out without obtaining the service of Magistrate–PW 9 stated that the samples were handed-over to him on 01.10.2020 and he carried them to senior police officer on 04.10.2020 and to FSL on 05.10.2020–Exercise undertaken by the Magistrate is purposeless–Non-production of the seized material before the Trial Court–Non-compliance of mandatory provisions of Sec. 52A(2) of the Act & Sec. 104(4) Cr.P.C.–Prosecution case is doubtful–Conviction is liable to be set aside.
