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2015 (8) TMI 339 - HC - CustomsSearch and seizure without warrant Non-Compliance Appellant alleged his conviction for non-compliance of Section 42 of NDPS Act, 1985 and also that prosecution failed to establish link evidence Held that :- All prosecution witnesses consistently stated that during nakabandi, appellants-accused were searched and illegal contraband was recovered from their possession Search was made on public place in transit and not in building or place thus, there was no non-compliance of any statutory provision As search was made in public place, therefore, Section 42 does not come into play and Section 43 was complied with PW-2 clearly deposed that after recovery, articles were seized and sealed and deposited in malkhana FSL Report also reveals that seal remained intact when it reached laboratory for chemical examination As no offence was registered under Customs Act thus, provisions of Section 108 would not be applicable No ground to interfere with impugned judgment Appeal dismissed Decided against appellant.
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