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2022 (8) TMI 304 - HC - Indian LawsSmuggling - contraband item - Opium - Ganja - accused-respondent was acquitted of the charges against him under Sections 8/17 & 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - HELD THAT:- The panchnama in question clearly bears the date of its preparation as 07.11.1987, and the signatories thereof also mentioned the same date in the panchnama, whereas Mr. M.R. Loyal, the then Inspector, has made a deposition before the court that the raid was conducted on 06.11.1987, which apparently, falsifies the deposition made by him before the court - If the search warrant was obtained on 06.11.1987, then why the same was not on record, nor there was any document on record pertaining to the operation of raid, as alleged to have been conducted. The record clearly reveals that the investigation in the present case has been conducted in an inappropriate manner, nor while doing so, the concerned officer, has made strict adherence to the provisions of law - this Court finds that the learned trial court has not committed any error – neither in law nor on facts – in holding that the prosecution has clearly failed to prove its case against the accused-respondent, beyond all reasonable doubts. This Court does not find it a fit case, so as to warrant any interference in a well reasoned speaking judgment impugned herein - Appeal dismissed.
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