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    <title>2007 (5) TMI 599 - Supreme Court</title>
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    <description>Search and seizure under the NDPS Act was assessed on whether recovery from a bag at a bus stand attracted Sections 42 and 50, whether non-examination of independent witnesses was fatal, and whether the chemical report and surrounding material proved the offence. The analysis states that Section 42 did not apply to recovery at an open public place, Section 50 did not apply because the search was of a bag and not the person, and official witnesses could be relied on if their evidence was scrutinised carefully. It further states that a retracted confession, without reliable corroboration, could not by itself sustain conviction, leading to one conviction being upheld and the other set aside.</description>
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    <pubDate>Mon, 14 May 2007 00:00:00 +0530</pubDate>
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      <title>2007 (5) TMI 599 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=173412</link>
      <description>Search and seizure under the NDPS Act was assessed on whether recovery from a bag at a bus stand attracted Sections 42 and 50, whether non-examination of independent witnesses was fatal, and whether the chemical report and surrounding material proved the offence. The analysis states that Section 42 did not apply to recovery at an open public place, Section 50 did not apply because the search was of a bag and not the person, and official witnesses could be relied on if their evidence was scrutinised carefully. It further states that a retracted confession, without reliable corroboration, could not by itself sustain conviction, leading to one conviction being upheld and the other set aside.</description>
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      <pubDate>Mon, 14 May 2007 00:00:00 +0530</pubDate>
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