SC: Producing whole bulk of seized narcotics before court is not mandatory

The Hon’ble Supreme Court, on 27th September 2019, in the matter of State Of Rajasthan v. Sahi Ram  pronounced that where the seizure of narcotics is otherwise proved and it is not possible and feasible to produce the entire bulk, there is no requirement that the entire material ought to be produced before the Court.

The Hon’ble Supreme Court observed that:

If the seizure of contraband material is otherwise proved on record and is not even doubted or disputed the entire contraband material need not be placed before this Court. If the seizure is otherwise not in doubt, there is no requirement that the entire material ought to be produced before the Court. (Para 17)

If the seizure is otherwise proved and it is not possible and feasible to produce the entire bulk of contraband material, what is required to be proved is the fact that the samples taken from and out of the contraband material were kept intact, that when the samples were submitted for forensic examination the seals were intact, that the report of the forensic experts shows the potency, nature and quality of the contraband material and that based on such material, the essential ingredients constituting an offence are made out. (This inference has been drawn on the basis of Para 17)

Copy of judgement: Judgement_27-Sep-2019

-Adv. Tushar Kaushik

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