Narcotic Drugs and Psychotropic Substances Act, 1985; Section 52A – When no proceedings under Section 52A of the NDPS Act were undertaken by the Investigating Officer for preparing an inventory and obtaining samples in presence of the jurisdictional Magistrate. In this view of the matter, the FSL report is nothing but a waste paper and cannot be read in evidence . (Para 22)
Narcotic Drugs and Psychotropic Substances Act, 1985; Section 43,49 – When the case is regarding recovery of narcotics from a vehicle which was stopped during transit. Thus, the procedure of search and seizure would be governed by Section 43 read with Section 49 of the NDPS Act. (Para 17) [Conviction of the accused appellants for the charge under Section 8(c) read with 20(b)(ii)(c) of the NDPS Act is hereby quashed and set aside.]