Supreme Court acquits two men after 20 years over 5-day sample gap

The Supreme Court reviewed their appeals to determine if the convictions were legally sustainable, specifically focusing on procedural violations regarding the handling of drug samples.

Who it concerns: Appellants: Abdul Rajik and Govind; Respondent: State of M.P.; Bench: Justice Mehta.

What the court decided

• The Supreme Court acquitted the appellants.
• The Court found a breach of Section 52A of the NDPS Act due to an unexplained 5-day gap in the custody of samples.
• The Court noted that sample packets were not separately produced or exhibited in court and lacked specific identification marks (signatures/thumb impressions) to link them to the accused.
• The Court held that the prosecution failed to establish the integrity and sanctity of the samples through link evidence.

Also in the document

• The acquittal was granted after the appellants had been in custody for approximately 20 years.
• The Court observed that the Panch witnesses (Mohan and Amit Sonkar) did not support the prosecution case and were declared hostile.
• The Court noted that the seizure occurred in an open public place, meaning Sections 42 and 50 of the NDPS Act did not apply, but Section 52A compliance was still required.