Mandatory search and seizure safeguards under the NDPS Act must be followed; non-compliance made the conviction unsustainable.

Non-compliance with the mandatory safeguards governing search, seizure and post-seizure procedure under the Narcotic Drugs and Psychotropic Substances Act, 1985 rendered the conviction unsustainable. The recovery of opium under Section 18 could not be upheld because the record showed breach of the protections reflected in Sections 55 and 57, and the view taken by the High Court was inconsistent with binding precedent. The conviction was set aside and the appellant was acquitted.

---

---

Issues: Whether the conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 was sustainable in view of non-compliance with the statutory safeguards governing search, seizure, and post-seizure ures.

Analysis: The conviction rested on recovery of opium under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The record showed non-compliance with Sections 55 and 57, and the Court found that the view taken by the High Court could not stand in light of the binding precedents relied upon. The failure to comply with the relevant safeguards rendered the conviction legally unsustainable.

Conclusion: The conviction was set aside and the appellant was acquitted.

---