Chhattisgarh High CourtCriminal LawCriminal Procedure and Evidence

Failure to prove safe custody and link evidence between seizure and chemical analysis vitiates NDPS conviction.

PARMESH NAYAKv.STATE OF CHHATTISGARH

Failure to prove safe custody and link evidence between seizure and chemical analysis vitiates NDPS conviction.. PARMESH NAYAK vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

1. Whether there was substantial non-compliance with the mandatory procedural requirements under Sections 42, 52A, and 55 of the NDPS Act

The court held

The Court held that the prosecution miserably failed to prove the guilt of the appellants beyond reasonable doubt due to the lack of "link evidence" and failure to satisfy the court regarding the safe custody of samples

It also directed

The appeal was allowed, the judgment dated 15.01.2020 was set aside, and the appellants were acquitted of charges under Section 20(b)(ii)(C) of the NDPS Act

The Court ordered their immediate release and directed them to furnish personal bonds under Section 481 of the BNSS 2023

01Facts

The appellants were convicted by the Special Judge (N.D.P.S. Act), Kondagaon, for allegedly transporting 265.700 kg of Ganja in a Bolero Pickup on 12.08.2017

pp. 1-2, para 1-2

The prosecution alleged that the Investigating Officer (PW-9) received secret information, conducted a search, and seized 40 packets of contraband

pp. 3-4, para 2

The independent witnesses (PW-1 and PW-2) turned hostile and failed to identify the accused

p. 10, para 10

Discrepancies arose regarding the date of information (11.08.2017 vs. 12.08.2017) and the handling of sample packets between the Police Station, Executive Magistrate, and FSL

pp. 11-13

The appellants challenged the conviction on grounds of non-compliance with mandatory NDPS provisions

p. 5, para 5

02Issues

i.1. Whether there was substantial non-compliance with the mandatory procedural requirements under Sections 42, 52A, and 55 of the NDPS Act

p. 5, para 5

ii.2. Whether the lack of corroboration from independent witnesses and material contradictions in the chain of custody of samples vitiate the prosecution case

p. 11, para 13 · p. 15, para 25

03Law Applied

The Court applied Section 20(b)(ii)(C) of the NDPS Act regarding the possession of commercial quantities of contraband

p. 4, para 2

It relied on the interpretation of Section 42 (procedure for search and seizure) and Section 52A (inventory and disposal of seized property)

p. 14, para 22

The Court cited Bharat Aambale v. State of Chhattisgarh (2025 SCC OnLine SC 110), establishing that while Section 52A non-compliance may not be fatal alone, it becomes critical if other physical evidence discrepancies exist

p. 14, para 22

It further relied on Mohammad Khalid v. State of Telangana (2024 (5) SCC 393) regarding the necessity of proving a continuous link in the safe custody of samples from seizure to FSL

pp. 14-15, para 24

Provisions in the judgment · 9 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 91Section 313Section 374

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20Section 42Section 50Section 55Section 57

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 481

04Reasoning

The Court observed that the Investigating Officer (PW-9) admitted receiving information on 11.08.2017 but only prepared the Mukhbir Suchana Panchnama on 12.08.2017, with no satisfactory explanation for the delay or inconsistencies in the Rojnamcha Sanha

pp. 9-11, para 9-13

Regarding the chain of custody, the Court found a "material inconsistency" between the testimony of PW-10 and PW-11; one stated inventory took place at the Tehsil office, while the other stated the Police Station

p. 13, para 17

Furthermore, the Malkhana Mohrir (PW-13) admitted he did not deposit the samples in the secure Malkhana but kept them separately, creating a gap in the link evidence

p. 13, para 19

Discrepancies in the weight of samples (100g vs 50g) and the dates of FSL return further weakened the prosecution's reliability

pp. 12-14, para 18-21

05Holding

The Court held that the prosecution miserably failed to prove the guilt of the appellants beyond reasonable doubt due to the lack of "link evidence" and failure to satisfy the court regarding the safe custody of samples

pp. 14-15, para 24-25

The appeal was allowed, the judgment dated 15.01.2020 was set aside, and the appellants were acquitted of charges under Section 20(b)(ii)(C) of the NDPS Act

p. 15, para 26

The Court ordered their immediate release and directed them to furnish personal bonds under Section 481 of the BNSS 2023

pp. 15-16, para 27
Chhattisgarh High Court

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PARMESH NAYAKvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 27, 2026

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