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    <title>2011 (2) TMI 1376 - Supreme Court</title>
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    <description>Section 50 of the NDPS Act applies only to a personal search and not to recovery from a bag or container carried by an accused, so seizure of opium from a thaili did not attract that safeguard. The Court also accepted that the absence of independent witnesses was not fatal where the evidence explained their non-availability and the concurrent findings were not shown to be perverse. Delay in sending the sealed sample for chemical examination was held not to vitiate the case because the seals remained intact and the chain of custody was proved. The alleged consent statement was not treated as a confession, so the Evidence Act bar did not apply.</description>
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    <pubDate>Fri, 11 Feb 2011 00:00:00 +0530</pubDate>
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      <title>2011 (2) TMI 1376 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=172721</link>
      <description>Section 50 of the NDPS Act applies only to a personal search and not to recovery from a bag or container carried by an accused, so seizure of opium from a thaili did not attract that safeguard. The Court also accepted that the absence of independent witnesses was not fatal where the evidence explained their non-availability and the concurrent findings were not shown to be perverse. Delay in sending the sealed sample for chemical examination was held not to vitiate the case because the seals remained intact and the chain of custody was proved. The alleged consent statement was not treated as a confession, so the Evidence Act bar did not apply.</description>
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      <pubDate>Fri, 11 Feb 2011 00:00:00 +0530</pubDate>
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