Why did the Supreme Court stress that “re-trials can’t cure prosecution lapses in NDPS cases”? This landmark decision clarified that High Courts cannot order re-trial just because crucial evidence like chemical analyst testimony or electronic records under Section 65B was not presented. The Court restored the appeals for fresh hearing, underlining strict procedural compliance under the NDPS Act and the rights of the accused.

Key Statutes :

1.⁠ ⁠Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act): Section 2(iiib), Section 8(c), Section 20(b)(ii)(C), Section 52-A: Disposal of seized narcotic drugs and psychotropic substances; procedure and evidentiary value of inventory, photographs, and sample list, Section 53

2.⁠ ⁠Indian Evidence Act, 1872: Section 65B, Section 114(g)

3.⁠ ⁠Code of Criminal Procedure: Section 293, Section 313, Section 391, Section 386, Section 465