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    <title>2011 (10) TMI 436 - Bombay High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=211609</link>
    <description>Conviction under the NDPS Act could not be sustained where the alleged recovery was doubtful and unsupported by reliable independent evidence. The Court treated the raiding officers&#039; version with caution because the independent panch witness turned hostile, the other panch was not examined, and the prosecution record showed contradictions on Section 50 compliance, no personal search, irregular investigative conduct, and delay in depositing the seized substance. Statements recorded under Section 67 were also found unreliable as voluntary confessions because the summons process appeared formal, the accused were not free to leave, and the statements were taken under circumstances suggesting control and pressure. The conviction and sentences were set aside and the accused were acquitted.</description>
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    <pubDate>Fri, 07 Oct 2011 00:00:00 +0530</pubDate>
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      <title>2011 (10) TMI 436 - Bombay High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=211609</link>
      <description>Conviction under the NDPS Act could not be sustained where the alleged recovery was doubtful and unsupported by reliable independent evidence. The Court treated the raiding officers&#039; version with caution because the independent panch witness turned hostile, the other panch was not examined, and the prosecution record showed contradictions on Section 50 compliance, no personal search, irregular investigative conduct, and delay in depositing the seized substance. Statements recorded under Section 67 were also found unreliable as voluntary confessions because the summons process appeared formal, the accused were not free to leave, and the statements were taken under circumstances suggesting control and pressure. The conviction and sentences were set aside and the accused were acquitted.</description>
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      <pubDate>Fri, 07 Oct 2011 00:00:00 +0530</pubDate>
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