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2013 (5) TMI 809 - HC - CustomsSearch and arrest of person Seizure of goods Non-compliance Whether accused was liable to be acquitted on grounds of non-compliance of Section 42, 50, 55 and 57 of NDPS Act, 1985 Held that:- P.W. 8 received secret information and recorded same vide Exh. P-21 and also communicated to Dy. SP, Crime Branch P.W-2 and P.W-8, specifically deposed that Dy. SP, Crime Branch reached house of appellant and joined in search party and search was made in presence of Dy. SP, Crime Branch Thus section 42 was complied with P.W-8 took consent of appellant, but did not informed about accused legal rights under Section 50 As search was made in house of appellant, therefore as per settled legal position, Section 50 of Act, 1985 would not be applicable Evidences of P.W-8, 9 and 10 revealed that after seizure of contrabands, samples were prepared 1-1/2 months after seizure P.W-7 deposed that he received only 16 packets of samples without sealed condition No evidence explaining delay regarding preparation of samples Therefore, FSL report cannot form basis of conviction of appellant Appellants Conviction order set-aside Appeal allowed Decided in favour of Appellant.
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