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    <title>2019 (9) TMI 1011 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Mandatory compliance with NDPS search safeguards was not proved where secret information was neither reduced into writing nor communicated to a superior officer, defeating Section 42 protection. The search offer was also defective because the accused was not properly informed of the right to be searched before a Gazetted Officer or Magistrate, and the participation of the Gazetted Officer was doubtful, so Section 50 compliance failed. Missing link evidence, unsafe custody, and uncertainty about seals further undermined the prosecution. The court held that these defects created reasonable doubt and sustained the acquittal.</description>
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      <description>Mandatory compliance with NDPS search safeguards was not proved where secret information was neither reduced into writing nor communicated to a superior officer, defeating Section 42 protection. The search offer was also defective because the accused was not properly informed of the right to be searched before a Gazetted Officer or Magistrate, and the participation of the Gazetted Officer was doubtful, so Section 50 compliance failed. Missing link evidence, unsafe custody, and uncertainty about seals further undermined the prosecution. The court held that these defects created reasonable doubt and sustained the acquittal.</description>
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