Do Sections 42 and 50 of the NDPS Act apply where the accused is apprehended and searched in an open public place?

Narcotic Drugs and Psychotropic Substances Act, 1985 — s.52-A — Chain of custody — Link evidence — ss.42, 50 — FSL report — NDPS Act, 1985 — Chain of custody — Link evidence — Held: The prosecution cannot rely on an FSL report where an unexplained gap breaks the chain of custody of the seized samples. Safe and secure custody from seizure till receipt at the FSL must be proved by proper link evidence. (¶29, 30, 34) NDPS Act, 1985 — s.52-A — Non-compliance — Held further: Mere non-compliance with Section 52-A does not by itself vitiate the trial, but total non-compliance is a relevant factor in assessing whether the link evidence was proved. (¶31, 32, 33) NDPS Act, 1985 — ss.42, 50 — Open public place — Held further: Sections 42 and 50 of the NDPS Act do not apply where the accused is apprehended and searched in an open public place. (¶16) FSL report — Essential ingredient — Held further: Once the FSL report is excluded, the recovered substance cannot be proved to be a narcotic drug without other admissible evidence. Appeals allowed; conviction and sentence set aside and the accused-appellants acquitted. (¶35, 37, 38, 39)