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2009 (6) TMI 926 - SC - CustomsOrder of acquittal passed by the Allahabad High Court of the charge under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Held that:- The alleged recovery of heroin from the respondents was made in complete violation of the provisions of Section 50 of the Act. Apart from this the non-examination of the two independent witnesses of the search and recovery was another grave omission by the prosecution. It is significant to note here that a formal petition for discharge of the two witnesses was filed by the prosecution before the trial court and it is not that they were simply not produced before the court. Therefore, satisfied that the High Court took the correct view of the matter and the judgment coming under appeal does not suffer from any infirmity. Appeal dismissed. The respondents are discharged from their bail bonds.
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