SUPREME COURT: CONVICTION LIABLE TO BE SET ASIDE IF SAMPLES WERE NOT DRAWN IN MAGISTRATE'S PRESENCE AS PER SECTION 52A NDPS ACT

The Supreme Court in the case Simarnjit Singh V. State of Punjab observed and has reiterated that the process of drawing of samples as stated under Section 52-A of the Narcotics Drugs and Psychotropic Substances Act, 1985, NDPS Act has to be in the presence and under the supervision of the Magistrate.

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The court held that the entire exercise of collecting the sample must be certified by the Magistrate to be correct.

The Division bench comprising of Justice Abhay S Oka and Justice Rajesh Bindal in the case observed while considering the appeal made by the person who is convicted by the Special Judge as stated under Section 15 of the NDPS Act for possession of poppy husk.

Therefore, the Appeal is dismissed by the High Court and hence aggrieved with the same he approached the Apex Court.