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2014 (2) TMI 1195 - HC - CustomsNon-compliance of provision of NDPS act Appeal aginst Conviction Appeal is directed against judgment of trial whereby appellant was convicted for offence under Section 15 of NDPS Act, 1985 and sentenced to undergo rigorous imprisonment alongwith fine Appellant assailed case of prosecution on ground that appellant was apprehended on outskirts of village but no independent witness from village joined and also that there was non-compliance of provisions of Section 50 Held that:- It cannot be believed that Inspector was not aware of fact that his colleague Inspector posted at same place was not gazetted officer Where statute has provided deterrent type of punishment for person found in possession of narcotic it is required that case be investigated by complying all required legal formalities Manner in which search for contraband and recover was conducted reflects that only formality was completed by police without having any real intention of giving option to appellant for his search before gazetted officer or Magistrate Non-joining of independent witness is not such circumstance which render official witnesses totally unreliable Case of prosecution suffers from lapses, entire process of recovery from appellant; joining of independent witness; calling of gazetted officer at spot; non-production of case property before SHO of police station reflect casual manner in which police had proceeded Therefore, judgment of trial Court set aside Decided in favour of Appellant.
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