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    <title>2000 (2) TMI 793 - Supreme Court</title>
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    <description>Non-compliance with the mandatory safeguards under the NDPS Act can vitiate a search and undermine the conviction where independent corroboration is absent. The prior information was not reduced into writing or forwarded to a superior officer as required by Section 42, and the search was conducted without giving the accused the statutory option of being searched before a gazetted officer or Magistrate under Section 50. The claimed waiver rested only on the police version and was unsupported by independent material. In these circumstances, the conviction and sentence were set aside.</description>
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      <title>2000 (2) TMI 793 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=159574</link>
      <description>Non-compliance with the mandatory safeguards under the NDPS Act can vitiate a search and undermine the conviction where independent corroboration is absent. The prior information was not reduced into writing or forwarded to a superior officer as required by Section 42, and the search was conducted without giving the accused the statutory option of being searched before a gazetted officer or Magistrate under Section 50. The claimed waiver rested only on the police version and was unsupported by independent material. In these circumstances, the conviction and sentence were set aside.</description>
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      <pubDate>Thu, 24 Feb 2000 00:00:00 +0530</pubDate>
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