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2016 (11) TMI 1505 - HC - Indian LawsOffence punishable under Sections 20(b) & (c) of the N.D.P.S. Act - Smuggling - charas - Held that: - So far facts of the present case is concerned, it is evident that search and seizure as alleged happens to be from public place, being Platform of Hajipur Railway Station, and on account thereof, there would be application of Section 43 of the Act. Section 57 of the N.D.P.S. Act - Held that: - From the written report, it is evident that the informant along with Inspector, RPF, Akhilesh Singh (PW-2) led the raiding team, on account thereof, an intimation with regard to apprehension of culprits along with Charas would have been given immediately to superior officer by PW-2, which provision has not been satisfied. Thus from the consistent evidence of PW-2 himself along with informant PW-3, it is evident that they utterly failed to inform superior officer within 48 hours as prescribed under Section 57 of the N.D.P.S. Act. PW-2 as well as PW-3 failed to discharge their due duty in complying with the directions issued under Circular No. 1/88, and on account thereof, the narration of recovery of Charas from a bag possessed by appellant Pratibha Devi become duly afflicted. On account of non-compliance of the mandatory provisions of law, the prosecution case is found adequately dented. As a result of which, judgment of conviction and sentence dated 11.6.2014 and 16.6.2014, passed in Sonepur (Hajipur) Rail Police Station Case No. 1 of 2010/GR Case No. 11 of 2010, by Sri Brajendra Kumar Tewari, Special Judge, N.D.P.S. Act, Vaishali at Hajipur) would not survive. Appeal allowed.
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