Narco Sample Forensics Without Magistrate Certification Invalid: Calcutta HC

Soumyadip Mullick, MP, 21 Nov 2025, Kolkata: The Calcutta High Court has set aside the conviction of Nigerian national James Kevin Edward in a narcotics case after determining that the forensic examination of the seized narcotic samples was conducted before obtaining the mandatory certification from a Judicial Magistrate, rendering the testing process legally invalid.

The Bench of Justices Arijit Banerjee and Apurba Sinha Ray noted that the alleged seizure took place on January 4, 2018, and the representative samples were sent to the Central Forensic Science Laboratory on January 8, 2018. However, the statutory procedure under Section 52-A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which mandates that narcotic samples must be drawn in the presence of a Magistrate and duly certified, was not completed until March 26, 2019. The Court found that the samples tested by the forensic laboratory were not the Magistrate-certified samples required by law.

The judges observed that such handling of the narcotic samples was “not in accordance with the law” and emphasized that when a statute prescribes that an act must be performed in a particular manner, it must be followed strictly, and not otherwise. They pointed out that certified samples constitute primary evidence under Section 52-A(4) of the NDPS Act.

The High Court also highlighted that the two independent witnesses named at the time of the seizure—Subham Das and Ratan Mondal—were never produced during the trial, and there was no indication that attempts were made to secure their presence. The Court remarked that the trial court had not considered this omission or the improper handling of the samples while convicting the appellant.

Regarding the issue of personal search, the Court accepted the prosecution’s evidence that the accused had voluntarily handed over two pouches of contraband after being informed of his rights under Section 50 of the NDPS Act. Since no physical search was conducted, the Court ruled that Section 50 was inapplicable in this case.

Considering the procedural violations in the handling of the narcotic samples and the non-production of independent witnesses, the Bench overturned the conviction under Section 21(C) of the NDPS Act. The Court directed Edward’s immediate release, provided he is not wanted in any other case, and ordered the return of his seized passport after the appeal period expires. Additionally, it instructed that a copy of the order be forwarded to the Ministry of External Affairs to facilitate his repatriation if no further appeals are filed.