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    <title>2025 (9) TMI 1263 - Supreme Court</title>
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    <description>In NDPS prosecutions, substantial compliance with statutory safeguards on seizure, sealing, storage, sampling and disposal of contraband is essential. Here, the seized substance remained with the investigating officer for about fifteen days, was not properly sealed, and the procedure under Standing Order No. 1/89 was not substantially followed; there was also clear non-compliance with Section 52A. As the possibility of tampering could not be ruled out and the prosecution failed to show that the defects caused no prejudice, the conviction could not be sustained and the accused were entitled to the benefit of doubt.</description>
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      <title>2025 (9) TMI 1263 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=778774</link>
      <description>In NDPS prosecutions, substantial compliance with statutory safeguards on seizure, sealing, storage, sampling and disposal of contraband is essential. Here, the seized substance remained with the investigating officer for about fifteen days, was not properly sealed, and the procedure under Standing Order No. 1/89 was not substantially followed; there was also clear non-compliance with Section 52A. As the possibility of tampering could not be ruled out and the prosecution failed to show that the defects caused no prejudice, the conviction could not be sustained and the accused were entitled to the benefit of doubt.</description>
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