Search and seizure safeguards under the NDPS Act: delayed mahazar did not vitiate recovery absent prejudice or tampering.

Search and seizure under the NDPS Act must comply with statutory safeguards, criminal procedure requirements and investigation instructions intended to ensure fairness. A seizure mahazar should ordinarily be prepared at the place of recovery, but a later preparation is not automatically fatal where there is a justifiable explanation and no prejudice to the accused. The settled rule is that an irregular or even illegal search does not by itself render the evidence inadmissible; the court must assess whether the lapse caused serious prejudice or a real risk of tampering or substitution. On the stated facts, the recovery was from the accused during transport, the accused was present, and no material showed meddling with the seized contraband, so the conviction was upheld.

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Issues: Whether the conviction could be sustained when the seizure mahazar was not prepared at the spot and the search and seizure procedure was alleged to be in violation of the statutory and departmental safeguards.

Analysis: The search and seizure of narcotic contraband must conform to the safeguards prescribed by the NDPS Act and the applicable criminal procedure provisions, and the departmental instructions issued for investigation are intended to ensure fairness. A seizure mahazar should ordinarily be prepared at the place of recovery, but a later preparation is not invariably fatal if there are justifiable reasons and the accused cannot show prejudice. The settled law is that evidence is not rendered inadmissible merely because the search or seizure was illegal or irregular; the court must examine whether the irregularity has caused serious prejudice or created a real possibility of tampering or substitution. On the facts, the contraband was recovered from the appellant while travelling in the truck, the accused remained present, and there was no material suggesting meddling with the seized opium.

Conclusion: The procedural lapse in preparing the mahazar at the customs office did not vitiate the recovery or make the evidence inadmissible, and the conviction and sentence were upheld.

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