The Supreme Court acquitted two men convicted of possessing charas under the NDPS Act, holding that an unexplained five-day gap in the chain of custody of the samples, coupled with total non-compliance with Section 52-A, destroyed the integrity of the samples and rendered the forensic report unfit to be relied upon. New Delhi: The Supreme […]
Today, On 20th December, The Supreme Court said that a delay or failure to follow Section 52A of the NDPS Act, which involves drug sample verification, is not enough reason to grant bail to an accused. The Court stated that a mistake in verification does not automatically mean bail should be given. It clarified that such mistakes should be looked at in the right context, and bail cannot be granted just because of procedural delays.
The Kerala High Court ruled that Section 52A of the Waqf Act, effective from November 2013, does not apply retroactively. Justice P V Kunhikrishnan stated that prosecution requires evidence of unauthorized transfers, which the petitioners did not engage in. Consequently, the cases against them were quashed as the law cannot be applied retroactively.
