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    <title>2003 (2) TMI 551 - GUJARAT HIGH COURT</title>
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    <description>In NDPS prosecutions, substantial compliance with procedural safeguards under sections 42(2), 55 and 57 was treated as sufficient where contemporaneous records showed timely written intelligence, proper sealing, and no prejudice. Statements recorded under section 67 were considered admissible because they were made before formal accusation, and the allegations of coercion were not proved; retracted statements could still support conviction if voluntary and corroborated. The seizure, sampling and chain of custody were found reliable on the record, with no credible tampering. Conscious possession and conspiracy were inferred from the concealed contraband, conduct of the accused and supporting circumstances, and no interference with sentence was justified in view of the scale of trafficking.</description>
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    <pubDate>Thu, 20 Feb 2003 00:00:00 +0530</pubDate>
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      <title>2003 (2) TMI 551 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=303387</link>
      <description>In NDPS prosecutions, substantial compliance with procedural safeguards under sections 42(2), 55 and 57 was treated as sufficient where contemporaneous records showed timely written intelligence, proper sealing, and no prejudice. Statements recorded under section 67 were considered admissible because they were made before formal accusation, and the allegations of coercion were not proved; retracted statements could still support conviction if voluntary and corroborated. The seizure, sampling and chain of custody were found reliable on the record, with no credible tampering. Conscious possession and conspiracy were inferred from the concealed contraband, conduct of the accused and supporting circumstances, and no interference with sentence was justified in view of the scale of trafficking.</description>
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