|
Court found search lawful and chain of custody intact, lab confirmed heroin, but prosecution failed to tender the actual seized packets.
* Criminal procedure – Search and seizure – presence of occupier and independent witness – certificate of seizure compliance; * Evidence – Chain of custody – proof by oral testimony of officers handling exhibits; * Narcotics – Laboratory confirmation of heroin hydrochloride – necessity to tender original seized packets/envelopes; * Burden of proof – prosecution required to produce exhibits to prove possession beyond reasonable doubt.
|