https://www.taxtmi.com/caselaws?id=172737 Non-compliance with NDPS search safeguards, unreliably proved independent witness participation, and inadequate proof of custody and reporting of seized property rendered the recovery unsafe. The court found doubt over whether the statutory option of search before a gazetted officer was meaningfully honoured, noted inconsistency about the witness's presence, and held that the prosecution had not satisfactorily established production of the case property before the superior officer or Magistrate. These lapses created serious doubt about the fairness of the investigation and the recovery, so the conviction could not be sustained and the accused was entitled to acquittal. en-us Wed, 26 Feb 2014 00:00:00 +0530 Fri, 28 Aug 2015 12:24:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172737 Non-compliance with NDPS search safeguards, unreliably proved independent witness participation, and inadequate proof of custody and reporting of seized property rendered the recovery unsafe. The court found doubt over whether the statutory option of search before a gazetted officer was meaningfully honoured, noted inconsistency about the witness's presence, and held that the prosecution had not satisfactorily established production of the case property before the superior officer or Magistrate. These lapses created serious doubt about the fairness of the investigation and the recovery, so the conviction could not be sustained and the accused was entitled to acquittal. Case-Laws Customs Wed, 26 Feb 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172737