Timely challenge displaces conclusiveness of drug analyst report if sample expires un-tested

The High Court of Jammu and Kashmir and Ladakh held that communicating an intention to controvert a Government Analyst report within the statutory 28-day period displaces its conclusive evidence value under the Drugs and Cosmetics Act, 1940. Failing to re-analyze the sample at the Central Drugs Laboratory before shelf-life expiration deprives the accused of statutory safeguards, invalidating the prosecution.