https://www.taxtmi.com/caselaws?id=173850 Non-compliance with the mandatory safeguards for search, seizure and custody under the NDPS Act vitiated the prosecution case. The accused was not effectively informed of the right to be searched before a magistrate or gazetted officer under Section 50, and the English panchanama undermined proof of compliance given his limited language proficiency. Serious irregularities in custody and handling of the seized articles, including breach of Section 55 and doubtful sample condition, prevented safe reliance on the Section 54 presumption, which depends on a lawful search and proper seizure. The conviction was therefore unsustainable and the accused was entitled to acquittal. en-us Thu, 06 Jun 2002 00:00:00 +0530 Wed, 23 Sep 2015 15:32:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173850 Non-compliance with the mandatory safeguards for search, seizure and custody under the NDPS Act vitiated the prosecution case. The accused was not effectively informed of the right to be searched before a magistrate or gazetted officer under Section 50, and the English panchanama undermined proof of compliance given his limited language proficiency. Serious irregularities in custody and handling of the seized articles, including breach of Section 55 and doubtful sample condition, prevented safe reliance on the Section 54 presumption, which depends on a lawful search and proper seizure. The conviction was therefore unsustainable and the accused was entitled to acquittal. Case-Laws Customs Thu, 06 Jun 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173850