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2014 (3) TMI 56 - HC - CustomsSearch and seizure - Narcotic drugs - presence of diacetylmorphine of 60.4% and 57.7% purity respectively - Compliance of Section 50 of the NDPS Act - Session judge acquitted the respondents of the offences under Sections 21 and 27A of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). - Held that:- a personal search was also made of the body of the accused. A notice under Section 50 NDPS Act had therefore to be mandatorily issued. The notice under Section 50 mentions the time of occurrence as around “11.30 hrs. today” which was 6th October 2007. In the absence of any indication that it was ‘p.m.’ or ‘a.m.’ it could well be taken to be ‘a.m’. Even if it was taken to be p.m., it contradicted the case of the prosecution that the accused was apprehended at around 10.30 p.m. The second factor pointed out is that a typed notice could not possibly have been served at the time and place of apprehension of the accused. There was nothing to show that the raiding party took any computer with them from which a typed notice could have been prepared at the spot. These factors indicate that the notice Ex. PW11/B was a document prepared subsequently. The recovery from the vehicle on a public highway was not as a matter of pure chance but on specific advance information and therefore the requirements of Sections 41 and 42 of the NDPS Act had to be complied with. The Court is unable to find any valid ground for granting leave to appeal against the impugned judgment. Accordingly, the petition is dismissed with no order as to costs. - Decided against the petitioner.
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