https://www.taxtmi.com/caselaws?id=277622 Recovery of contraband from a public place attracted Section 43 of the NDPS Act, but the search of the accused's person still required compliance with Section 50. As the accused was not informed of the statutory right to be searched before a Gazetted Officer or Magistrate, the personal search was held vitiated. The prosecution case was further weakened by an unexplained discrepancy in the seized and analyzed weight of the substance, an inordinate delay in sending the sample for chemical examination, and the fact that the complainant also acted as investigating officer, raising concerns about fairness and integrity of investigation. These defects cumulatively supported interference with the conviction. en-us Tue, 06 Sep 2016 00:00:00 +0530 Fri, 14 Dec 2018 06:40:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277622 Recovery of contraband from a public place attracted Section 43 of the NDPS Act, but the search of the accused's person still required compliance with Section 50. As the accused was not informed of the statutory right to be searched before a Gazetted Officer or Magistrate, the personal search was held vitiated. The prosecution case was further weakened by an unexplained discrepancy in the seized and analyzed weight of the substance, an inordinate delay in sending the sample for chemical examination, and the fact that the complainant also acted as investigating officer, raising concerns about fairness and integrity of investigation. These defects cumulatively supported interference with the conviction. Case-Laws Indian Laws Tue, 06 Sep 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277622