Supreme Court of India
Nadeem Ahamed v. The State of West Bengal
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What the Court ordered
In view of the above discussion, this Court is compelled to hold that there has been a complete and unexplained failure to adhere to the requirements of Section 52A. Neither representative samples were drawn in the presence of a Magistrate, nor was the inventory list prepared and certified, as required by law.
Judgment, page 15
From the headnote
Issue for Consideration Whether the Courts below erred in convicting the accused-appellant for the offences punishable u/ss.21(c) and 29, Narcotic Drugs and Psychotropic Substances Act, 1985. Headnotes† Narcotic Drugs and Psychotropic Substances Act, 1985 – s.52A – Non-compliance with – Narcotic drug, suspected to be heroin, weighing about 125gms and 130gms were recovered from the appellant and the co-accused, respectively – Since the gross weight of narcotic substance was 255gms thus, the seized contraband was treated to be of commercial quantity – Conviction u/ss.21(c), 29 and sentenced
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