A. Indian Evidence Act, 1872 (1 of 1872), Section 3, 65B – Electronic records – Document – Exhibition of Compact Disc (CD) – Playing of CD during deposition – Requirement of -- Author of the video not only deposed that he recorded the video, but he also gave a certificate, as contemplated under subsection (4) of Section 65B of the Evidence Act, to make the CD admissible in evidence – High Court did not dispute that the electronic record was duly exhibited -- High Court opined that the video would become relevant only if it is played during deposition of each witness so that the witness could explain its contents in his own words resulting in a transcript of the video – Held, this is a strange and unacceptable reasoning for the simple reason that the CD is an electronic record and once the requirement of Section 65B is fulfilled it becomes an admissible piece of evidence, like a document, and the video recorded therein is akin to contents of a document which can be seen and heard to enable the Court to draw appropriate inference(s) -- It is not the requirement of law that the contents of the video would become admissible only if it is reduced to a transcript in the words of a witness who created the video or is noticed in the video.

(Para 19)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8(c), 20(b)(ii)(C) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 293 – NDPS – Chemical examiner – Deposition of – Requirement of – As far as non-production of Chemical Examiner as a witness is concerned, u/s 293 of CrPC, report of a Chemical Examiner is admissible even if he is not produced as a witness though, the Court may summon and examine him as to the subject matter of the report -- There is no requirement of law that Chemical Examiner would have to be called in each NDPS case to prove the report when it is otherwise admissible under sub-section (1) of Section 293 of CrPC.

(Para 21)

C. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8(c), 20(b)(ii)(C), 52A – NDPS – Production of contraband in Trial – Requirements of – Mere non-production of the seized contraband during trial may not be fatal if there is reliable evidence in respect of its seizure, drawing of samples therefrom, and FSL report relating to the sample drawn from the seized material – However, to ensure that no adverse inference is drawn against the prosecution for non-production of the seized contraband, documents prepared in terms of the provisions of Section 52-A, inter alia, evidencing preparation of inventory of seized contraband and drawing of samples therefrom, would have to be brought on record – Likewise, evidence should be there that the sample drawn from the inventory was sent to FSL in a sealed container/ envelop, as per guidelines, and that the seal was found intact at the end of FSL – This is to obviate any doubt regarding sample being tampered in transit – Similarly, FSL’s report along with the sample tested by it is to be placed on record so that there remains no doubt regarding the sample tested.

(Para 30, 31)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 386(b)(i), 391 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8(c), 20(b)(ii)(C), 52A – NDPS -- Re-trial – Additional evidence -- High Court, observed that the representative sample was not opened before the Court at the time of recording of statement of the concerned witness -- Be that as it may, this was not a ground to direct for a retrial when the appellate court has power to take additional evidence u/s 391 of CrPC, which, inter alia, can be exercised to exhibit a document or material already on the record of the Court -- And if those defects are fatal to the prosecution, the appellate court is free to take its decision as may be warranted in the facts of the case. But, in any event, it cannot be a ground to direct a re-trial.

(Para 33)