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    <title>2019 (1) TMI 2054 - Supreme Court</title>
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    <description>A conviction under the NDPS Act was held unsustainable where the prosecution failed to examine the independent witness present at the search and seizure, offered no satisfactory reason for withholding that witness, and relied on an investigation conducted by the same police officer who had received the information. The Court also noted unexplained discrepancies in the search record, including panchanamas carrying the FIR number despite being prepared before FIR registration. These defects created serious doubt about the prosecution version, undermined the fairness and reliability of the investigation, and justified granting the accused the benefit of doubt and acquittal.</description>
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      <link>https://www.taxtmi.com/caselaws?id=458077</link>
      <description>A conviction under the NDPS Act was held unsustainable where the prosecution failed to examine the independent witness present at the search and seizure, offered no satisfactory reason for withholding that witness, and relied on an investigation conducted by the same police officer who had received the information. The Court also noted unexplained discrepancies in the search record, including panchanamas carrying the FIR number despite being prepared before FIR registration. These defects created serious doubt about the prosecution version, undermined the fairness and reliability of the investigation, and justified granting the accused the benefit of doubt and acquittal.</description>
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      <pubDate>Thu, 31 Jan 2019 00:00:00 +0530</pubDate>
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