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2018 (1) TMI 122 - HC - Indian LawsOffence u/s 8/22 of the NDPS Act - recovery of 120 grams Alprazolam powder from him - compliance of Section 42 and Section 50 of NDPS Act - Held that: - Upon perusal of the said consent memo, it is found that it has been signed by some officer on 18.7.2013, and has also been signed by the accused-appellant and it is recorded in this memo that accused was arrested on 18.7.2013 by police party with Aprazolam powder and was apprised about his legal right that he could give his search in presence of a Gazetted Officer or a Magistrate but he had told them that they could take his search and it was not required to call any such officer as he was satisfied with them. Beneath that, signature of some officer appears to have been made although it has not been got clarified in cross-examination by defense as to who had put that signature. The said consent memo not being signed by the person who had prepared the same would not cause prejudice to the accused because it bears the signature of the accused and has also been signed by some officer who was member of raiding party. Had there been no signature of the accused on the said consent memo, doubt could have been raised as to whether the accused had given any such consent - there is no doubt that there was sufficient compliance made of Section 50 of NDPS Act by apprising the accused of his above right. Since the possession of contraband substance (Alprazolam) has been found established, the burden shifts on the accused in view of provision under Section 35 and 54 of the NDPS Act as to how he came in possession of such a huge quantity of contraband substance. He has not adduced any evidence in defense so as to discharge burden shifted upon him. Therefore, there seems to be no infirmity in the judgment delivered by the court below holding the accused guilty. Appeal dismissed - decided against appellant.
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