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    <title>1993 (12) TMI 223 - Delhi high court</title>
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    <description>Search of baggage is distinct from personal search under Section 50 of the NDPS Act, so the safeguard requiring search before a Gazetted Officer or Magistrate did not apply to recovery from the accused&#039;s suitcase. A statement recorded under Section 67 was treated as voluntary and admissible because it was given in the accused&#039;s handwriting, retracted only after delay, and was supported by surrounding circumstances. Alleged defects in sealing, sampling, transmission of the sample, and non-production of the baggage key were held non-fatal where the sample reached the laboratory with seals intact and the evidence formed a consistent chain. Recovery, booking records, laboratory analysis, and the accused&#039;s statement sustained conviction for conscious possession of heroin.</description>
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    <pubDate>Wed, 15 Dec 1993 00:00:00 +0530</pubDate>
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      <title>1993 (12) TMI 223 - Delhi high court</title>
      <link>https://www.taxtmi.com/caselaws?id=170864</link>
      <description>Search of baggage is distinct from personal search under Section 50 of the NDPS Act, so the safeguard requiring search before a Gazetted Officer or Magistrate did not apply to recovery from the accused&#039;s suitcase. A statement recorded under Section 67 was treated as voluntary and admissible because it was given in the accused&#039;s handwriting, retracted only after delay, and was supported by surrounding circumstances. Alleged defects in sealing, sampling, transmission of the sample, and non-production of the baggage key were held non-fatal where the sample reached the laboratory with seals intact and the evidence formed a consistent chain. Recovery, booking records, laboratory analysis, and the accused&#039;s statement sustained conviction for conscious possession of heroin.</description>
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      <pubDate>Wed, 15 Dec 1993 00:00:00 +0530</pubDate>
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