https://www.taxtmi.com/caselaws?id=413832 Non-compliance with mandatory NDPS safeguards, including proper forwarding of the information to a superior officer and compliance with the accused's right to be searched before a Gazetted Officer or Magistrate, was treated as going to the root of the prosecution and vitiated the case. The evidence also failed to prove conscious possession, as it did not establish direct custody or control by the accused and lacked reliable independent support. The HC further noted that an acquittal can be disturbed only if the trial court's view is perverse or plainly unsustainable; on the record, the trial court's appreciation of evidence was a plausible view, so interference was unwarranted. The acquittal was maintained and the appeal failed. en-us Tue, 12 Oct 2021 00:00:00 +0530 Fri, 22 Oct 2021 08:30:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=413832 Non-compliance with mandatory NDPS safeguards, including proper forwarding of the information to a superior officer and compliance with the accused's right to be searched before a Gazetted Officer or Magistrate, was treated as going to the root of the prosecution and vitiated the case. The evidence also failed to prove conscious possession, as it did not establish direct custody or control by the accused and lacked reliable independent support. The HC further noted that an acquittal can be disturbed only if the trial court's view is perverse or plainly unsustainable; on the record, the trial court's appreciation of evidence was a plausible view, so interference was unwarranted. The acquittal was maintained and the appeal failed. Case-Laws Indian Laws Tue, 12 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=413832