#Section 52A

The Gauhati High Court set aside NDPS convictions because the trial court did not make an inventory of seized narcotics nor have the samples sealed before a magistrate as required by Section 52A, making the evidence inadmissible. The decision mandates strict compliance with the inventory-and-sealing rule for all NDPS prosecutions, safeguarding accused where procedural lapses occur.

The Himachal Pradesh High Court ruled that a magistrate’s judicial record under Section 52A NDPS Act, certifying non-production of seized vehicles, is final and cannot be challenged via writ petition if the error was not raised before the same court. The decision reinforces the binding nature of judicial records in NDPS cases and limits recourse to post-facto legal challenges.

Bombay HC rules that non-compliance with Section 52A of the NDPS Act-failure to present contraband samples before a Magistrate-invalidates the prosecution's case, justifying bail. The court applied the parity principle, granting relief to the accused where co-accused were similarly released, reinforcing strict procedural compliance in NDPS cases.