https://www.taxtmi.com/caselaws?id=220598 A Delhi HC analysis on a narcotics baggage search held that the safeguards applicable to personal search did not vitiate recovery from bags, so the alleged notice defect did not by itself invalidate the prosecution case. The decisive failure was the prosecution's inability to prove conscious possession and safe custody of the seized contraband beyond reasonable doubt: the seized cloth pullanda was not shown to be reliably secured, the defence version that the bags were carried for delivery remained unshaken, and witness and investigation lapses undermined the case. As the initial burden was not discharged, the statutory presumptions under the Act could not be invoked and the acquittal was upheld. en-us Tue, 29 Jan 2013 00:00:00 +0530 Fri, 01 Feb 2013 08:05:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=220598 A Delhi HC analysis on a narcotics baggage search held that the safeguards applicable to personal search did not vitiate recovery from bags, so the alleged notice defect did not by itself invalidate the prosecution case. The decisive failure was the prosecution's inability to prove conscious possession and safe custody of the seized contraband beyond reasonable doubt: the seized cloth pullanda was not shown to be reliably secured, the defence version that the bags were carried for delivery remained unshaken, and witness and investigation lapses undermined the case. As the initial burden was not discharged, the statutory presumptions under the Act could not be invoked and the acquittal was upheld. Case-Laws Customs Tue, 29 Jan 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=220598