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2019 (8) TMI 2 - SC - Indian LawsSmuggling - Opium - contraband item - noncompliance with Section 50 of the NDPS Act - HELD THAT:- Though the Laboratory Report was obtained, but the identity of the sample stated to have been seized from the appellant was not conclusively established by the prosecution - The failure of the prosecution in the present case to relate the seized sample with that seized from the appellant makes the case no different from failure to produce the seized sample itself. In the circumstances the mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof by itself. The sample seized and that tested have to be corelated. The conviction of the appellant cannot be upheld - appeal allowed.
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