https://www.taxtmi.com/caselaws?id=312244 In NDPS prosecutions, failure to follow mandatory search safeguards and maintain a reliable chain of custody can vitiate conviction. The Court found that the accused was not offered the statutory option of being searched before a gazetted officer or magistrate, and the seized parcel produced in court bore no seals, creating doubt about possible tampering in the malkhana. Because strict compliance with these safeguards is essential in a case carrying severe punishment, the prosecution evidence was treated as unsafe. The conviction and sentence were set aside, and the accused was acquitted. en-us Mon, 19 Dec 1988 00:00:00 +0530 Thu, 08 Feb 2024 10:53:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312244 In NDPS prosecutions, failure to follow mandatory search safeguards and maintain a reliable chain of custody can vitiate conviction. The Court found that the accused was not offered the statutory option of being searched before a gazetted officer or magistrate, and the seized parcel produced in court bore no seals, creating doubt about possible tampering in the malkhana. Because strict compliance with these safeguards is essential in a case carrying severe punishment, the prosecution evidence was treated as unsafe. The conviction and sentence were set aside, and the accused was acquitted. Case-Laws Indian Laws Mon, 19 Dec 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312244