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2015 (8) TMI 339 - RAJASTHAN HIGH COURTSearch and seizure without warrant – Non-Compliance – Appellant alleged his conviction for non-compliance of Section 42 of NDPS Act, 1985 and also that prosecution failed to establish link evidence – Held that :- All prosecution witnesses consistently stated that during nakabandi, appellants-accused were searched and illegal contraband was recovered from their possession – Search was made on public place in transit and not in building or place thus, there was no non-compliance of any statutory provision – As search was made in public place, therefore, Section 42 does not come into play and Section 43 was complied with –PW-2 clearly deposed that after recovery, articles were seized and sealed and deposited in malkhana – FSL Report also reveals that seal remained intact when it reached laboratory for chemical examination – As no offence was registered under Customs Act thus, provisions of Section 108 would not be applicable – No ground to interfere with impugned judgment – Appeal dismissed – Decided against appellant.
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