<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2007 (9) TMI 704 - GAUHATI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=280894</link>
    <description>A Special Court under the NDPS Act proceeds as a Court of Session unless the Act provides a different procedure, and no prejudice was shown from using the sessions trial framework. Statements recorded by Customs officers before any formal accusation were not barred by Article 20(3), and retraction did not by itself nullify their evidentiary value. Accomplice statements were treated as reliable because they were corroborated by independent circumstances, including recovery, forensic confirmation and conduct of the accused; objections to search, seizure and sampling also failed. Conscious possession, including constructive possession, together with the statutory presumption from possession supported liability under the NDPS Act, including abetment and conspiracy.</description>
    <language>en-us</language>
    <pubDate>Thu, 06 Sep 2007 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 24 May 2019 17:11:11 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=572578" rel="self" type="application/rss+xml"/>
    <item>
      <title>2007 (9) TMI 704 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=280894</link>
      <description>A Special Court under the NDPS Act proceeds as a Court of Session unless the Act provides a different procedure, and no prejudice was shown from using the sessions trial framework. Statements recorded by Customs officers before any formal accusation were not barred by Article 20(3), and retraction did not by itself nullify their evidentiary value. Accomplice statements were treated as reliable because they were corroborated by independent circumstances, including recovery, forensic confirmation and conduct of the accused; objections to search, seizure and sampling also failed. Conscious possession, including constructive possession, together with the statutory presumption from possession supported liability under the NDPS Act, including abetment and conspiracy.</description>
      <category>Case-Laws</category>
      <law>Customs</law>
      <pubDate>Thu, 06 Sep 2007 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=280894</guid>
    </item>
  </channel>
</rss>