VidhiSangh

Supreme Court of India · 30/07/2019

VIJAY PANDEY versus STATE OF UTTAR PRADESH

[2019] 10 S.C.R. 774 · 2019 INSC 837

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Summary

An NDPS conviction was set aside because the prosecution failed to establish that the material produced and tested was the substance seized from the accused. A laboratory finding identifying a narcotic did not by itself establish that essential connection. Poor storage and illegible markings could not substitute for proof of identity. The accused’s prior convictions were relevant to punishment, not proof of the present offence.

Issues

  1. Whether a laboratory report supported conviction without proof connecting the tested and produced sample to the accused’s alleged seizure.

Held

Result

Appeal allowed; trial and High Court convictions set aside and appellant acquitted. Release directed forthwith unless wanted in another case.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 774.