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    <title>2015 (9) TMI 670 - DELHI HIGH COURT</title>
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    <description>Search and recovery from a bag carried by the accused did not attract the Section 50 safeguard, and the notice plus written reply showed that he declined search before a Gazetted Officer or Magistrate. Non-joining of public witnesses was not treated as fatal where official witnesses were credible and consistent. Allegations of tampering failed because the FSL record showed the seals were intact and matched the specimen seals, and the sample-weight variation was explained by the polythene weight. The evidence also showed that the visa had expired before arrest, establishing unauthorized stay in India; on that basis, the conviction and sentence under the NDPS Act and the Foreigners Act were upheld.</description>
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    <pubDate>Fri, 28 Sep 2012 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=264002</link>
      <description>Search and recovery from a bag carried by the accused did not attract the Section 50 safeguard, and the notice plus written reply showed that he declined search before a Gazetted Officer or Magistrate. Non-joining of public witnesses was not treated as fatal where official witnesses were credible and consistent. Allegations of tampering failed because the FSL record showed the seals were intact and matched the specimen seals, and the sample-weight variation was explained by the polythene weight. The evidence also showed that the visa had expired before arrest, establishing unauthorized stay in India; on that basis, the conviction and sentence under the NDPS Act and the Foreigners Act were upheld.</description>
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