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2017 (12) TMI 1513 - HC - Indian LawsSmuggling - Ganja - Section 8/20 of NDPS Act - compliance of Section 50 of NDPS Act - Held that: - it is well settled law that unless personal search is made of the suspect, the compliance of Section 50 of NDPS Act would not be required - It appears that here during search, person of the accused was not searched rather only the search was made of the bag which he was carrying, hence, in the light of law stated above, Section 50 of the NDPS Act shall not be applicable. Whether the compliance of Section 57 of the NDPS Act has been made? - Held that: - it is clear that though the non-compliance of Section 57 of the NDPS Act by itself may not be treated mandatory but if its non-compliance has resulted in prejudice to the accused, it will certainly have an adverse effect on the prosecution's case. Therefore, this Court would like to see whether there are other serious infirmities which may point to non-compliance of necessary provisions of law. It may also be pointed out here that the severer the punishment provided under law, stricter compliance of statutory provisions is required to be made & very meticulously. It is apparent that not only it is on record that the prosecution has failed to follow these guidelines in detail but even broadly the prosecution has failed to establish that any sample of contraband substance was taken and was sealed on the spot and the sample of the same was sent to the FSL for being tested - it would not be safe to hold that the prosecution has proved beyond doubt that the contraband substance (500 grams, Ganja) was recovered from the accused and the sample of same was found to be Ganja as has been held by the court below. These infirmities coupled with non-compliance of Section 57 of the NDPS Act would make a huge dent in the prosecution's case - the prosecution has failed absolutely to prove beyond doubt that any recovery of contraband substance (Ganja) was made from him - appeal allowed.
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