Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22 – NDPS – Acquittal – Safe custody of sample – Requirement of – FSL Report – Seized material deposited in Malkhana on 25.05.2013 – On 27.05.2013, 10 samples were taken by SHO for resealing and then returned – I.O. not placed on record either the Malkhana Register or its extract in respect of taking out of samples for resealing and their redeposit in Malkhana on 27.05.213 – Held, prosecution is under obligation not only to prove that after the samples were extracted, they were kept in safe custody so as to negate any chance of tampering with the samples but also is under obligation to ensure that the material recovered from the accused only is sent to FSL -- Prosecution not proved its case beyond all reasonable doubts that the recovered material only was sent to FSL for chemical analysis -- Proof of FSL report would be of no consequence -- Appellant deserves benefit of doubt, conviction order set aside, discharged.

(Para 20-25)