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    <title>2008 (7) TMI 855 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=162519</link>
    <description>In NDPS prosecutions, a voluntary statement recorded under Section 67 may be relied upon where it is not retracted, including at the Section 313 CrPC stage, and it can validly support conviction on the facts found. The challenge based on alleged non-compliance with Sections 42(2) and 50 failed because the search and seizure were conducted by an empowered Gazetted Officer under Section 41, so Section 42(2) was not attracted and Section 50 was inapplicable on the facts. The father&#039;s licence theory was also rejected as unsupported. The trial court conviction was restored and the High Court acquittal set aside.</description>
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    <pubDate>Mon, 14 Jul 2008 00:00:00 +0530</pubDate>
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      <title>2008 (7) TMI 855 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=162519</link>
      <description>In NDPS prosecutions, a voluntary statement recorded under Section 67 may be relied upon where it is not retracted, including at the Section 313 CrPC stage, and it can validly support conviction on the facts found. The challenge based on alleged non-compliance with Sections 42(2) and 50 failed because the search and seizure were conducted by an empowered Gazetted Officer under Section 41, so Section 42(2) was not attracted and Section 50 was inapplicable on the facts. The father&#039;s licence theory was also rejected as unsupported. The trial court conviction was restored and the High Court acquittal set aside.</description>
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      <pubDate>Mon, 14 Jul 2008 00:00:00 +0530</pubDate>
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