https://www.taxtmi.com/caselaws?id=180192 Non-compliance with the mandatory Section 50 safeguard under the NDPS Act, where the accused is not properly informed of the right to be searched before a Gazetted Officer or Magistrate, vitiates the search and seizure. The text also highlights that a conviction based on seizure evidence must rest on reliable proof of recovery and possession; where the independent witness turns hostile, another is not examined, and police testimony is inconsistent, the accused is entitled to benefit of doubt. In such circumstances, the prosecution case is treated as unsafe and the conviction cannot stand. en-us Tue, 13 Jul 1999 00:00:00 +0530 Fri, 18 Mar 2016 13:17:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=180192 Non-compliance with the mandatory Section 50 safeguard under the NDPS Act, where the accused is not properly informed of the right to be searched before a Gazetted Officer or Magistrate, vitiates the search and seizure. The text also highlights that a conviction based on seizure evidence must rest on reliable proof of recovery and possession; where the independent witness turns hostile, another is not examined, and police testimony is inconsistent, the accused is entitled to benefit of doubt. In such circumstances, the prosecution case is treated as unsafe and the conviction cannot stand. Case-Laws Customs Tue, 13 Jul 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=180192