Saji @ Sajeevan v. State of Kerala

Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B) — Possession of intermediate quantity of Ganja — Delay in forwarding samples to Forensic Science Laboratory (FSL) — Production before Court — Absence of scope for tampering.

Contraband (3.606 kg of ganja) was seized on 19.03.2009 and produced before the Special Court on the very next day, i.e., 20.03.2009. The Court forwarded the samples to the FSL on 06.04.2009. The FSL report (Ext.P12) specifically recorded that the sample packets were intact and seals tallied with the sample seal provided by the Court. When the seized contraband is produced before the Court without delay in a sealed condition and remains in the safe custody of the Court, any administrative delay by the Court in forwarding the samples to the FSL or delay in testing by the laboratory due to heavy workload does not create a reasonable doubt regarding tampering or entitle the accused to an acquittal. Conviction and sentence confirmed. (Paras 14, 15, 16)