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2000 (2) TMI 793 - SC - CustomsAppellant was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of five small plastic packets of brown sugar Held that:- Whether in the absence of any corresponding entry in any of the police records it is difficult for us to believe, the mere oral vibration made by P.W. 1 that he asked the appellant whether he should require the search to be conducted in the presence of any one of the above officers and that the appellant politely declined the offer. We are of the considered view that in the light of his non-compliance with the provisions of Section 42(1) and (2) of the Act besides non-compliance with the requirement in Section 50 of the Act it is difficult to sustain the conviction and sentence of the appellant. The graver the consequences the greater must be the circumspection, to be adopted. We take into account that the appellant otherwise will have to be subjected to a longer period of sentence as Section 31 of the Act was also invoked in the present situation for adopting such greater circumspection for scrutinising the evidence. In the result, we allow this appeal and set aside the conviction and sentence passed on the appellant as per the impugned judgment.
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