NDPS Act: Confession to the police officer is not admissible and hit under section 25 Evidence Act
Challenge – Conviction under NDPS Act – Brief Facts – Arrest and interrogation on the spot – Recovered contraband is Ganja – Trial court convicted – High court upheld the conviction – Analysis: Recovery of narcotics from vehicle stopped during transit – Independent panch witnesses not examined – No witnesses or documents to prove the safe keeping of samples – Inventory proceedings were not prepared in the presence of the Jurisdictional Magistrate as per section 52A NDPS Act – Confession to the police officer is not admissible and hit under section 25 Evidence Act – Prosecution failed to prove the charges.