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2016 (9) TMI 1476 - HC - Indian LawsSmuggling - Heroin - NDPS Act - Held that:- The learned Court took into consideration mainly the evidences of P.W. 1, P.W.2 and P.W. 7 to prove the search, recovery and seizure of 'Heroin' from the possession of the appellant and also took into consideration the chemical analysis report where the expert had opined that the sample sent for analysis to contain 'Heroin' to arrive at the conclusion that prosecution has been able to prove the charge against the accused/appellant beyond all reasonable doubt. Considering the entire facts and circumstances, with regard to the non adhering to the procedure relating to search and seizure of the contraband articles, non-compliance of the provisions of Section 50 of the NDPS Act, anomaly in the weight of the seized articles in between the Malkhana register, seizure list, FIR and the report of the analyst, unexplained inordinate delay in sending the contraband article for chemical examination, complainant himself acting as the investigating officer violating the principles of fair and impartial investigation, lead us to interfere with the impugned judgment. The impugned judgment, order of conviction and sentence are quashed and set aside. Appeal allowed - decided in favor of appellant.
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