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2015 (10) TMI 2130 - HC - CustomsIllegal possession and transport of 27 kgs of heroin - Whether accused convicted in year 2000 can be called upon to face sentence after 15 years of acquittal? - Appellant contends that search of baggage of accused and seizure of contraband took place in a public place; compliance of Section 42(2) not required, Section 43 is applicable - No breach of Section 57; with evidence of P.W.2 and P.W.5, substantial compliance with provisions of Section 57 - Held That:- Violation of Section 42(1) and (2) of NDPS Act; search and seizure have become suspicious - Accused found entitled to be acquitted – Decision made in the case of Koluttumottil Razak vs State Of Kerala [2000 (2) TMI 793 - SUPREME COURT OF INDIA] followed – Decided in favour of Revenue.
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