https://www.taxtmi.com/caselaws?id=336786 In an NDPS prosecution, the Karnataka HC found the search and seizure doubtful because the alert message and original records were not properly proved, material witnesses were not examined, and the role of the gazetted officer and identification of the accused were inconsistent. The Court held that conscious possession was not established beyond reasonable doubt, and that retracted statements under Section 67, without reliable corroboration, could not by themselves sustain conviction. As the prosecution failed to prove a genuine and lawful recovery and did not satisfactorily show compliance with mandatory safeguards, the convictions were unsustainable and the accused were entitled to acquittal. en-us Fri, 16 Dec 2016 00:00:00 +0530 Thu, 29 Dec 2016 07:45:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336786 In an NDPS prosecution, the Karnataka HC found the search and seizure doubtful because the alert message and original records were not properly proved, material witnesses were not examined, and the role of the gazetted officer and identification of the accused were inconsistent. The Court held that conscious possession was not established beyond reasonable doubt, and that retracted statements under Section 67, without reliable corroboration, could not by themselves sustain conviction. As the prosecution failed to prove a genuine and lawful recovery and did not satisfactorily show compliance with mandatory safeguards, the convictions were unsustainable and the accused were entitled to acquittal. Case-Laws Customs Fri, 16 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336786