Cuttack, Sept. 14: Orissa High Court has ruled that before any conviction related to contraband narcotic drugs, the trial court should make sure that the seized articles were kept in safe custody till production in court.

The court gave the ruling while setting aside the conviction of two persons in connection with seizure of 478kg ganja from a truck in Makhangiri more than eight years ago.

The court of additional sessions judge-cum-special judge, Malkangiri, had sentenced Biswanath Bhoi and Birendra Mandal and to 10 years rigorous imprisonment and fined them Rs 2 lakh on March 29, 2010. Both had filed appeal petitions against the trial court order in the high court alleging that they had been falsely implicated in the case.

While allowing the appeal petition, the court held that the records created doubt regarding proper sealing of the sample packets, placing brass seals on the seized sample packets and keeping such packets in safe custody eliminating chances of tampering.

The single judge bench of Justice S.K. Sahoo said: 'In view of the aforesaid glaring defects in the prosecution case and absence of any clinching materials that the seized articles were kept in safe custody till its production in court and also before the chemical examiner, I am of the view that it would be risky to uphold the order of conviction.'

In the result, the criminal appeal is allowed and the impugned judgment and order of conviction of the appellants (Biswanath Bhoi and Birendra Mandal) and sentence and fine imposed by the trial court is hereby set aside,' Justice Sahoo said in his September 7 order. 'The appellants who are in jail custody in connection with this case shall be released forthwith, if their detention is not otherwise required in any other case.'