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The safeguard provided under Section 52-A is in furtherance of Article 21 of the Constitution of India which guarantees fair and impartial investigation. A perusal of Ex.P6-Chemical Examiner's report along with the statement of PW1-HC Sukhdev Singh indicates that the sample was drawn 9 of 21 Neutral Citation No:=2023:PHHC:096901 CRA-S-1830-SB-2014(O&M) and other connected matter 10 2023:PHHC:096901 on 18.08.2007 and it was sent to the Chemical Examiner on 23.08.2007 which was received in his office on 24.08.2007. As such, there is a delay of more than five days in sending the samples to the Chemical Examiner. As per the prescribed procedure, representative sample of any contraband after seizure and deposit in the Malkhana or with the concerned SHO is required to be sent to Chemical Examiner within 72 hours as per instructions issued vide Standing Order No. 1 of 1988 dated 15.03.1988 by the Narcotics Control Bureau. A further scrutiny of the evidence reveals that after drawing the sample on 18.08.2007, it is not discernible who was the custodian of the same till 23.08.2007 when PW1-HC Sukhdev Singh received the same and further deposited it on the next day i.e. 24.08.2007 in the office of the Chemical Examiner. Neither the concerned MHC was produced as a witness nor Register No. 19 was produced to establish the deposit of the samples in safe custody which was necessary to be produced to rule out the possibility of any tampering. Reliance in this regard can be made on Narcotics Control Bureau vs. Ajmer Kumar and another, 2016 ILR (HP) 1090 and Jitender Singh Rathore vs. State of U.P. 2014 (4) RCR (Criminal) 462 wherein on the basis of the above lapse, accused were acquitted.

"8. Before any proposed disposal/destruction mandate of Section 52A of the NPDS Act requires to be duly complied with starting with an application to that effect. A Court should be satisfied with such compliance while deciding the case. The onus is entirely on the prosecution in a given case to satisfy the Court when such an issue arises for consideration. Production 11 of 21 Neutral Citation No:=2023:PHHC:096901 CRA-S-1830-SB-2014(O&M) and other connected matter 12 2023:PHHC:096901 of seized material is a factor to establish seizure followed by recovery. One has to remember that the provisions of the NDPS Act are both stringent and rigorous and therefore the burden heavily lies on the prosecution. Non-production of a physical evidence would lead to a negative inference within the meaning of Section 114(g) of the Indian Evidence Act, 1872 (hereinafter referred to as the Evidence Act). The procedure contemplated through the notification has an element of fair play such as the deposit of the seal, numbering the containers in seriatim wise and keeping them in lots preceded by compliance of the procedure for drawing samples."