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    <title>2017 (12) TMI 1449 - MADRAS HIGH COURT</title>
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    <description>In a public-place interception under the NDPS law, the safeguards for prior recording and transmission of information for search of premises were held inapplicable. Railway Protection Force personnel were treated as independent witnesses because independence depends on absence of dependence on the investigating agency, not public status alone. The search-option safeguard before a Gazetted Officer or Magistrate was held to apply to search of the person, not to a bag from which contraband is recovered. A confession was not treated as involuntary on the material available, and the recovery, corroborating witness evidence, and statutory presumptions from possession were considered sufficient to sustain the conviction despite defence objections.</description>
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      <link>https://www.taxtmi.com/caselaws?id=353180</link>
      <description>In a public-place interception under the NDPS law, the safeguards for prior recording and transmission of information for search of premises were held inapplicable. Railway Protection Force personnel were treated as independent witnesses because independence depends on absence of dependence on the investigating agency, not public status alone. The search-option safeguard before a Gazetted Officer or Magistrate was held to apply to search of the person, not to a bag from which contraband is recovered. A confession was not treated as involuntary on the material available, and the recovery, corroborating witness evidence, and statutory presumptions from possession were considered sufficient to sustain the conviction despite defence objections.</description>
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