#prosecution failure

Chhattisgarh High Court acquitted the accused in an NDPS case, ruling that broken chain of custody and failure to prove exclusive possession invalidate prosecution evidence. The judgment underscores strict procedural compliance as a prerequisite for conviction under the NDPS Act, impacting drug-related prosecutions nationwide.

Chhattisgarh High Court ruled that failure to comply with Section 50 of the NDPS Act-requiring a search before a Magistrate or Gazetted Officer-fatally undermines the prosecution's case, even if the accused consents to a police search. The judgment reinforces that procedural safeguards under the NDPS Act are mandatory, not directory, and their breach warrants acquittal.