https://www.taxtmi.com/caselaws?id=353244 A bag search carried out on the accused did not attract Section 50 of the NDPS Act because the statutory safeguard applies to personal search, not to a container carried by the accused. Alleged non-compliance with Section 57 also weighed against the prosecution, particularly when viewed with other evidentiary defects. The recovery, sampling, sealing and safe custody of the seized contraband were not proved through reliable link evidence: the recovery memo was inconsistent, the witness and investigating officer gave conflicting versions, the seal was not satisfactorily established, and the malkhana record was not produced. The prosecution therefore failed to prove recovery and identity of the contraband beyond reasonable doubt. en-us Fri, 22 Dec 2017 00:00:00 +0530 Sat, 30 Dec 2017 09:06:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=353244 A bag search carried out on the accused did not attract Section 50 of the NDPS Act because the statutory safeguard applies to personal search, not to a container carried by the accused. Alleged non-compliance with Section 57 also weighed against the prosecution, particularly when viewed with other evidentiary defects. The recovery, sampling, sealing and safe custody of the seized contraband were not proved through reliable link evidence: the recovery memo was inconsistent, the witness and investigating officer gave conflicting versions, the seal was not satisfactorily established, and the malkhana record was not produced. The prosecution therefore failed to prove recovery and identity of the contraband beyond reasonable doubt. Case-Laws Indian Laws Fri, 22 Dec 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=353244