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    <title>2013 (9) TMI 1226 - GAUHATI HIGH COURT</title>
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    <description>A conviction under the NDPS Act was set aside because the complainant himself substantially carried out the investigation, including arrest, seizure, sampling and examination of witnesses. The Court applied the principle that investigation must be conducted by a person other than the complainant to maintain fairness and impartiality, and found that this defect vitiated the proceeding. Additional contradictions in the evidence regarding the place and manner of arrest strengthened the doubt about the prosecution case. On that basis, the conviction and sentence could not be sustained and the accused was acquitted.</description>
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    <pubDate>Thu, 19 Sep 2013 00:00:00 +0530</pubDate>
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      <description>A conviction under the NDPS Act was set aside because the complainant himself substantially carried out the investigation, including arrest, seizure, sampling and examination of witnesses. The Court applied the principle that investigation must be conducted by a person other than the complainant to maintain fairness and impartiality, and found that this defect vitiated the proceeding. Additional contradictions in the evidence regarding the place and manner of arrest strengthened the doubt about the prosecution case. On that basis, the conviction and sentence could not be sustained and the accused was acquitted.</description>
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      <pubDate>Thu, 19 Sep 2013 00:00:00 +0530</pubDate>
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