TMI Blog2002 (10) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... In the instant case, according to the prosecution, 5940 gms. of heroin concealed in the bottom of a suitcase alleged to be belonging to the appellant was recovered when he was attempting to transport the same from the International Airport, Chennai to Singapore. The recovery memo was prepared on 5th January, 1987 at 3.00 A.M. and thereafter the appellant was arrested on that day at 2.00 P.M. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been complied with. In the instant case, according to the documents on record and the evidence of the witnesses, the search and seizure took place at the Airport which is a public place. This being so, it is the provisions of Section 43 of the NDPS Act which would be applicable. Further, as Section 42 of the NDPS Act was not applicable in the present case, the seizure having been effected in a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant was arrested was not communicated to him. We find no merit in this because the arrest memo clearly indicates the offence stated to have been committed by the appellant under the NDPS Act. Further, the record also shows that copy of the arrest memo Exh. P-20 was received by the appellant. In the instant case, no search or seizure was conducted on the person of the accused and, therefore, the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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