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    <title>2016 (7) TMI 115 - Supreme Court</title>
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    <description>Recovery of commercial quantity contraband was proved through reliable, unrebutted evidence, and the search was conducted in a public place in the presence of a gazetted officer after the accused was offered the requisite option. The challenge based on alleged non-compliance with the NDPS search safeguards failed because the prosecution evidence supported compliance on the facts and the affidavit relied on by the accused was not proved by its deponent. The concurrent findings of the courts below were not shown to be perverse or arbitrary, so the conviction and sentence were upheld.</description>
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      <description>Recovery of commercial quantity contraband was proved through reliable, unrebutted evidence, and the search was conducted in a public place in the presence of a gazetted officer after the accused was offered the requisite option. The challenge based on alleged non-compliance with the NDPS search safeguards failed because the prosecution evidence supported compliance on the facts and the affidavit relied on by the accused was not proved by its deponent. The concurrent findings of the courts below were not shown to be perverse or arbitrary, so the conviction and sentence were upheld.</description>
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