State vs Sonu on 27 February, 2025
45. Hon'ble Supreme Court in the case of Bharat
Aambale Vs. The State of Chharrisgarh clarified that
while the NDPS Act's procedural safeguards are crucial,
especially Section 52A advocating Magistrate supervision
and safe disposal of seized narcotic, an accused does not
secure an automatic acquittal solely on showing a technical
or delayed compliance with these requirements. The
pivotal question is whether the contraband was indeed
seized from the accused and whether the chain of custody
truly stands. If the prosecution otherwise demonstrates
beyond a reasonable doubt that the accused was found in
possession of a prohibited substance, minor lapses in
procedure or timing on the part of the investigators (in
sending, testing, or disposing of seized items) will not, by
themselves, defeat the prosecution. Conversely, where
grave procedural infractions compromise authenticity, the
courts must draw adverse inferences. Ultimately, the
Court's stance preserves both the legislative objective of
curbing the menace of narcotics trafficking and the due
process rights of accused individuals, ensuring that
genuine procedural lapses that truly prejudice the defence
can, and must be recognized and addressed.