<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2003 (2) TMI 506 - GUJARAT HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=182862</link>
    <description>Recovery of charas from mud in a creek area accessible to the public for fishing was treated as a search in a public place, so section 42 of the NDPS Act was held inapplicable and section 43 applied. Alleged defects concerning custody of seized goods, delay in filing the complaint, sealing of samples, and reporting under sections 55 and 57 were not found to vitiate the prosecution, as the seizure was handled by empowered customs and the sample integrity was accepted. Voluntary, unretracted statements under section 67 NDPS Act and section 108 Customs Act were held admissible and, with corroborating evidence, sufficient to prove conscious possession and sustain conviction.</description>
    <language>en-us</language>
    <pubDate>Wed, 26 Feb 2003 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 21 May 2016 12:33:14 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=429042" rel="self" type="application/rss+xml"/>
    <item>
      <title>2003 (2) TMI 506 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=182862</link>
      <description>Recovery of charas from mud in a creek area accessible to the public for fishing was treated as a search in a public place, so section 42 of the NDPS Act was held inapplicable and section 43 applied. Alleged defects concerning custody of seized goods, delay in filing the complaint, sealing of samples, and reporting under sections 55 and 57 were not found to vitiate the prosecution, as the seizure was handled by empowered customs and the sample integrity was accepted. Voluntary, unretracted statements under section 67 NDPS Act and section 108 Customs Act were held admissible and, with corroborating evidence, sufficient to prove conscious possession and sustain conviction.</description>
      <category>Case-Laws</category>
      <law>Customs</law>
      <pubDate>Wed, 26 Feb 2003 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=182862</guid>
    </item>
  </channel>
</rss>