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1999 (8) TMI 73 - SUPREME COURTOrder of conviction and sentence under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Held that:- The fact remains that the evidence of P.W. 1 and P.W. 2 and P.W. 3 is consistant on the point that while the appellant was near the reception centre and had the telephone receiver in his hand, two officers of DRI had gone there, that they had tried to apprehend the appellant and at that time there was some scutfle and appellant had tried to run away. Therefore, in our opinion, even if there is some inconsistency in the evidence on this point, it cannot led to an inference that the three witnesses had not deposed correctly about the manner in which, the time at which and the place from where the appellant was apprehended by the DRI Officers. It has been found by the High Court that the search was carried out by the officers referred to under Section 41 and, therefore, they were not required to comply with the provision of Section 42. The High Court has further found that P.W. 2 was an empowered Officer and since the search was carried out in his presence and under his supervision, the proviso to Section 42 had no application. For all these reasons we do not find any substance in this contention. Sub-section 2 of Section 52 provides that every person arrested and article seized under warrant issued under sub-section (2) of Section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued. We do not think that this provision has any application at all. Moreover, no material was brought on record to show that there was in fact any delay. Appeal dismissed.
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