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    <title>1997 (9) TMI 125 - HIGH COURT OF JUDICATURE AT BOMBAY</title>
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    <description>Contraband recovered from shoes worn by the accused and a briefcase in immediate possession was treated as a personal search, so the mandatory safeguards under Section 50 of the NDPS Act applied. Non-compliance vitiated the search and seizure. A retracted statement recorded under Section 108 of the Customs Act, made while the accused was under Customs control and later withdrawn before the Magistrate on allegations of coercion, could not by itself sustain conviction without reliable corroboration. With the search rendered illegal and no independent material proving the charge, the conviction was held unsustainable.</description>
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    <pubDate>Wed, 24 Sep 1997 00:00:00 +0530</pubDate>
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      <title>1997 (9) TMI 125 - HIGH COURT OF JUDICATURE AT BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=44926</link>
      <description>Contraband recovered from shoes worn by the accused and a briefcase in immediate possession was treated as a personal search, so the mandatory safeguards under Section 50 of the NDPS Act applied. Non-compliance vitiated the search and seizure. A retracted statement recorded under Section 108 of the Customs Act, made while the accused was under Customs control and later withdrawn before the Magistrate on allegations of coercion, could not by itself sustain conviction without reliable corroboration. With the search rendered illegal and no independent material proving the charge, the conviction was held unsustainable.</description>
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      <pubDate>Wed, 24 Sep 1997 00:00:00 +0530</pubDate>
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