https://www.taxtmi.com/caselaws?id=352508 Compliance with the NDPS Act's mandatory safeguards was central to the prosecution case, and serious defects in the search, seizure and investigation created reasonable doubt. Prior information relating to a private premises had to be reduced into writing and forwarded to the superior officer under Section 42, and the accused had to be clearly informed of the Section 50 right before any personal search; merely asking whether search was desired before a gazetted officer or Magistrate was insufficient. The Court also noted doubt over the flat's identity and possession, custody of the seized material, and defence evidence suggesting false implication. On the evidence, guilt was not proved beyond reasonable doubt and the acquittal was upheld. en-us Fri, 03 Nov 2017 00:00:00 +0530 Fri, 15 Dec 2017 08:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=352508 Compliance with the NDPS Act's mandatory safeguards was central to the prosecution case, and serious defects in the search, seizure and investigation created reasonable doubt. Prior information relating to a private premises had to be reduced into writing and forwarded to the superior officer under Section 42, and the accused had to be clearly informed of the Section 50 right before any personal search; merely asking whether search was desired before a gazetted officer or Magistrate was insufficient. The Court also noted doubt over the flat's identity and possession, custody of the seized material, and defence evidence suggesting false implication. On the evidence, guilt was not proved beyond reasonable doubt and the acquittal was upheld. Case-Laws Indian Laws Fri, 03 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=352508