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2011 (3) TMI 1384 - HC - Indian LawsSearch and seizure - correctness of the judgment and order of conviction and sentence both, of the appellant/accused - By the impugned judgment and order the appellant has been held guilty and convicted for the offences punishable under section 21 and 29 of the Narcotics and Psychotropic Substances Act, 1985 - evidence or information recorded under section 67 of the NDPS Act cannot be substituted for seizure evidence which is the basis of charge of possession. It can be considered only for corroboration provided evidence of search and seizure is free from doubt - Held that:- seizure evidence of checked-in baggages is not free from doubt and therefore, accused would be entitled to benefit of doubt, trial court heavily placed reliance on the statement recorded under section 67 of the NDPS Act irrespective of the fact that there are certain shortcomings and lacunae in the prosecution evidence and therefore, conviction of the appellant cannot sustain in law and Appeal deserves to be allowed, Appeal is allowed accordingly
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