https://www.taxtmi.com/caselaws?id=385798 Prior secret information under the narcotics law had to be reduced into writing and forwarded to superior officers, and those mandatory safeguards were not complied with; the search therefore stood vitiated because the facts did not attract the public-place exception under Section 43. The accused's personal search also failed to comply with the statutory protection of being searched only before a Gazetted Officer or a Magistrate, since an impermissible third option was offered and the record contained inconsistencies about the search procedure. As the mandatory procedural safeguards were not observed, the conviction could not be sustained and the accused was entitled to acquittal. en-us Tue, 27 Aug 2019 00:00:00 +0530 Sat, 14 Sep 2019 10:25:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=385798 Prior secret information under the narcotics law had to be reduced into writing and forwarded to superior officers, and those mandatory safeguards were not complied with; the search therefore stood vitiated because the facts did not attract the public-place exception under Section 43. The accused's personal search also failed to comply with the statutory protection of being searched only before a Gazetted Officer or a Magistrate, since an impermissible third option was offered and the record contained inconsistencies about the search procedure. As the mandatory procedural safeguards were not observed, the conviction could not be sustained and the accused was entitled to acquittal. Case-Laws Indian Laws Tue, 27 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=385798