https://www.taxtmi.com/caselaws?id=101603 A conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be sustained where recovery, seizure and deposit of the contraband are not proved beyond reasonable doubt. The independent witness did not support the prosecution, and material discrepancies in the search, seizure and maalkhana deposit, including unreliable entries relating to seized currency, made the foundational facts doubtful. In the absence of proof of lawful recovery, the statutory presumption under the Act could not arise. The Court held that sole reliance on police testimony was insufficient on these facts, and the appellant was given the benefit of doubt; the conviction and sentence were set aside. en-us Tue, 04 Dec 2001 00:00:00 +0530 Fri, 10 Feb 2012 13:12:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101603 A conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be sustained where recovery, seizure and deposit of the contraband are not proved beyond reasonable doubt. The independent witness did not support the prosecution, and material discrepancies in the search, seizure and maalkhana deposit, including unreliable entries relating to seized currency, made the foundational facts doubtful. In the absence of proof of lawful recovery, the statutory presumption under the Act could not arise. The Court held that sole reliance on police testimony was insufficient on these facts, and the appellant was given the benefit of doubt; the conviction and sentence were set aside. Case-Laws Customs Tue, 04 Dec 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101603