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    <title>2010 (9) TMI 1247 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>In NDPS prosecutions involving conscious possession, mere presence at the place of recovery is insufficient; the prosecution must establish exclusive possession, reliable independent corroboration, and an unbroken chain of custody for the seized property. The text notes that doubts arose where the independent witness appeared introduced, the alleged tenancy of the premises was not proved by reliable evidence, and the accused were not shown to be in exclusive possession of the room. It also highlights defects in sealing, sample movement, link evidence, and delay in sending samples for chemical examination, which rendered the prosecution evidence unsafe for conviction.</description>
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    <pubDate>Wed, 08 Sep 2010 00:00:00 +0530</pubDate>
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      <title>2010 (9) TMI 1247 - PUNJAB AND HARYANA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=277604</link>
      <description>In NDPS prosecutions involving conscious possession, mere presence at the place of recovery is insufficient; the prosecution must establish exclusive possession, reliable independent corroboration, and an unbroken chain of custody for the seized property. The text notes that doubts arose where the independent witness appeared introduced, the alleged tenancy of the premises was not proved by reliable evidence, and the accused were not shown to be in exclusive possession of the room. It also highlights defects in sealing, sample movement, link evidence, and delay in sending samples for chemical examination, which rendered the prosecution evidence unsafe for conviction.</description>
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      <pubDate>Wed, 08 Sep 2010 00:00:00 +0530</pubDate>
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